Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate. B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease. C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 4 contracts
Sources: Office Lease Agreement (NYTEX Energy Holdings, Inc.), Office Lease Agreement (NYTEX Energy Holdings, Inc.), Office Lease Agreement (NYTEX Energy Holdings, Inc.)
Parking. A. Throughout the Lease Term, Tenant shall have the exclusive right to use, free of charges, the number of parking spaces set forth in Section 12 of the Summary, which parking spaces constitute the entirety of the parking under the Building and the adjacent surface parking, being all of the parking in the Project. Tenant shall comply with the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below); provided that such modifications or alterations do not effect Tenant’s use of or access to the Parking Areas. Landlord shall make available specifically reserve the right to Tenantchange the size, provided configuration, design, layout, of the Parking Areas, and Tenant is not in default acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) from time to allow time, temporarily close-off or restrict access to the Parking Areas, so long as Tenant retains access to the number of parking garage located at the Property (the “Building Garage”) which is used spaces set forth in connection with the operation Section 12 of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisSummary. Landlord may elect delegate its responsibilities hereunder to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge operator (the “Parking ChargeOperator”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay which case the Parking Charge Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within thirty (the “Parking Charge Abatement Period”)30) days after Landlord’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel visitors and invitees and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use sublease of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, Premises made in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromaccordance with Article 14 above.
Appears in 4 contracts
Sources: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)
Parking. A. (a) Landlord hereby grants to Tenant the right, in common with others authorized by Landlord, to use the parking facilities owned by Landlord and to use no more than the number of parking spaces made available to Tenant as set forth in Article 1(R) unless another tenant has a higher ratio of parking spaces to rentable square feet, in which event Tenant’s number of spaces shall be increased accordingly, at Tenant’s option, notwithstanding the number of Tenant’s employees, customers or invitees. However, until the Building is fully leased, Tenant shall have the right to rent additional spaces on a pro rata basis with other Tenants. Landlord, at its sole election, may designate the types, sizes, configuration, and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall make available have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations (but never the number of Tenant’s spaces) from time to time; provided, provided Tenant however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Tenant’s right to use the parking spaces is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access appurtenant to the Premises and Tenant may not assign, sublet or otherwise transfer any right to use any parking garage located at the Property (the “Building Garage”) which is used spaces except in connection with the operation an assignment of this Lease or sublease of all or a portion of the Building. Of said Seven Premises approved by Landlord or as permitted by this Lease without requiring Landlord’s approval.
(7b) Permits granted to TenantCommencing on the Rent Commencement Date, each Tenant shall be standard unreservedpay Landlord the Parking Fee, if any, shown in Article I, as Additional Rent, payable monthly in advance with the Monthly Rent. In consideration therefor, Tenant will pay addition to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in reserved hereunder by Landlord to designate the Building Garageparking rate from time to time, Landlord shall have the right to change the parking system rate at any time, hut never to exceed fair market rental for similar spaces similarly situated in Cambridge, MA, to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the parking of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by the Environmental Protection Agency under the Clean Air Act of 1970, as amended, or otherwise required to be paid by any governmental authority with respect to the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution. Tenant shall be responsible for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out full amount of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of special parking taxes imposed by any personal injuries sustained governmental authority in connection with the use of said Building Garage. Notwithstanding anything in this Section the parking facility by Tenant.
(c) If requested by Landlord, Tenant shall notify Landlord of the Lease license plate number, year, make and model of the automobiles entitled to use the contraryparking facilities and if requested by Landlord, so long as such automobiles shall be identified by automobile window stickers provided by Landlord, and only such designated automobiles shall be permitted to use the parking facilities. If Landlord institutes such an identification procedure, Landlord may, in its sole discretion, provide additional parking spaces for use by customers and invitees of Tenant is on a daily basis at prevailing parking rates, if any. At Landlord’s sole election, Landlord may make validation stickers available to Tenant for any such additional parking spaces, provided, however, if Landlord makes validation stickers available to any other tenant in the Building, Landlord shall make such validation stickers available to Tenant. In the event Tenant exceeds the number of allotted parking spaces set forth in Article I(S) or if Landlord has instituted a window sticker or other parking procedure and Tenant’s employees, customers or invitees do not comply with any such procedure, then in Default any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers or invitees, any vehicles not complying with Landlord’s procedures or parking in excess of such allotted number of spaces. Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, Tenant from time to time, close-off or restrict access to the parking facility for purposes of permitting or facilitating necessary construction, alteration or improvement. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the parking facility in which case such parking operator or lessee shall be entitled have all the rights of control attributed hereby to an abatement of Parking Charges the Landlord.
(d) The parking facilities provided for herein are provided solely for the Permits in the amount accommodation of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the TermTenant, and Landlord assumes no responsibility or liability of any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant kind whatsoever from whatever cause with respect to the Abated Parking Charges shall be null automobile parking areas, including adjoining streets, sidewalks, driveways, property and void and of no further force passageways, or effect. The payment the use thereof by Tenant of the Abated Parking Charges in the event of a Default shall or tenant’s employees, customers, agents, contractors or invitees. Tenant may not limit assign, transfer, sublease or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing otherwise alienate the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle parking facilities without Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom’s prior written consent.
Appears in 4 contracts
Sources: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not may park in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved ’s parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge facilities (the “Parking ChargeFacility”) equal ), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for damage to or theft of any vehicles or other property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant or its employees or invitees. Landlord may alter the size, configuration, design, layout or any other aspect of the Parking Facility, and, in connection therewith, temporarily deny or restrict access to the sum Parking Facility, in each case without abatement of $0.00 per month for each Permit issued Rent or liability to Tenant. Landlord may delegate its responsibilities hereunder to a parking operator, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the which case (i) first partial calendar month such parking operator shall have all the rights of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthcontrol reserved herein by Landlord, and (ii) Tenant shall enter into a parking agreement with such parking operator and (iii) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthextent caused by Landlord’s negligence or willful misconduct. Tenant’s obligation to pay parking rights under this Section 24 are solely for the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is benefit of Tenant’s obligation to pay Rent. Default in the payment of employees and invitees and such Parking Charge shall rights may not be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of transferred without Landlord’s other rightsprior consent, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Sources: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)
Parking. A. Landlord From and after the Commencement Date for each Building, Tenant shall make available have the right, at no cost to Tenant, provided Tenant is not in default under this Lease, throughout during the Term Seven (7) parking permits (the “Permits”including Extension Term, if applicable) to allow access non-exclusive use of the number of parking spaces indicated as such Building’s “Minimum Parking” in the Basic Lease Information (subject to Paragraph 45 below), which includes, in part, a specified number of non-exclusive stalls for each Building in the parking garage located at the Property (the “in Building Garage”) which is used in connection with the operation #1 of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord Project as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. shown on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge Exhibit “A” (the “Parking ChargeGarage”) equal ), all in locations reasonably designated by Landlord. Landlord shall not be obligated to enforce Tenant’s Minimum Parking or to reserve spaces either in the sum of $0.00 per month for each Permit issued to TenantParking Garage or on the surface auto court. Landlord may, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable at its option, install a security gate and/or other access devices for the Parking Garage (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, although Landlord shall not be obligated to do so and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults may discontinue it at any time during the Term), and any extension thereofLandlord shall provide parking passes and/or access keys or cards for the number of parking spaces included in Minimum Parking that are in the parking garage; provided that such items are provided to Tenant solely for use by Tenant, and Tenant fails to cure such Default within any applicable cure period under the Leasemay not be transferred, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges assigned (except in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions connection with an assignment of this Lease.
C. The failure ), or subleased (except in connection with a sublease of this Lease and then in proportion to timely the space sublet) without Landlord’s prior written approval. Tenant shall not be obligated to pay for the Minimum Parking, provided that Landlord, at its sole election, may charge for the use of parking spaces in the Parking Charge specified aboveGarage in excess of the Minimum Parking. Tenant shall comply, or and shall use best efforts to comply cause Tenant’s employees, visitors and invitees to comply, with all rules and regulations prescribed by Landlord from time to time for the Parking Garage and surface parking. Tenant’s use of and rights to the Minimum Parking shall be subject to the Encumbrances and the rules and regulations governing of Landlord for such parking facilities which may be established or altered by Landlord at any time or from time to time during the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromTerm.
Appears in 3 contracts
Sources: Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex the parking spaces in the common parking areas of the Complex, of which the Tenant’s share is 75 parking spaces. Tenant agrees that Tenant, Tenant’s employees, agents, representatives and/or invitees shall not use parking spaces in excess of said 75 spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord’s sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout ’s parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant’s employees, agents, representatives and/or invitees shall not limit or affect use any of parking spaces other than those parking spaces specifically designated by Landlord for Tenant’s use. Said parking spaces, if specifically designated by Landlord to Tenant, may be relocated by Landlord at any time, and from time to time. Landlord reserves the right, at Landlord’s other rightssole discretion, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Periodrescind any specific designation of parking spaces, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant thereby returning Tenant’s parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure to timely pay the Parking Charge specified aboveany change in Tenant’s parking spaces. Tenant shall not, at any time, park, or permit to comply be parked, any trucks or vehicles adjacent to the loading areas so as to interfere in any way with the rules and regulations governing the use of such areas, nor shall Tenant at any time park, or permit the Building Garage, including but not limited to parking of Tenant’s trucks or other vehicles or the rules establishing time limits on the use trucks and vehicles of said Permits, shall entitle LandlordTenant’s suppliers or others, in addition any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, Ten Dollars ($10.00) per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord to attach violation stickers or notices to any other remedies provided hereunder, vehicle belonging to terminate the Permits and tow any vehicles which are Tenant or Tenant’s employees parked in violation of said rules and regulations these provisions. If after notice of violation, a vehicle belonging to Tenant or a Tenant’s employee remains in violation of these provisions, Tenant hereby authorizes Landlord, at Tenant’s sole expense, to tow away such vehicle from the Building Garage at Complex. Tenant shall use the sole cost parking areas for vehicle parking only, and expense of Tenant and without liability shall not use the parking areas for damages resulting therefromstorage.
Appears in 3 contracts
Sources: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)
Parking. A. a. As a minimum, Landlord shall make available to Tenant, provided will provide Tenant is not in default under this Lease, throughout the Term Seven with one hundred eighty (7180) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used spaces in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on SaturdaysArea, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking at no charge (the “Minimum Parking ChargeSpaces”). One-half (1/2) equal of the Minimum Parking Spaces shall be made available upon the Commencement Date for Phase 1 of the Project, and the remaining one-half (1/2) of the Minimum Parking Spaces shall be made available upon the Commencement Date for Phase 2 of the Project.
b. In addition to the sum of $0.00 per month for each Permit issued to Minimum Parking Spaces, Landlord shall provide Tenant, and such Tenant hereby takes from Landlord, three hundred forty (340) additional parking spaces to accommodate Tenant’s extraordinary parking requirements for the Premises (the “Additional Parking Charge Spaces”). Two hundred ten (210) of the Additional Parking Spaces shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event made available upon the Commencement Date occurs on a date other for Phase 1 of the Project, and the remaining one hundred thirty (130) of the Additional Parking Spaces shall be made available upon the Commencement Date for Phase 2 of the Project. Upon Tenant’s written request, Landlord will use reasonable efforts to make available upon the Commencement Date for Phase 1 more than the first day of a calendar month, and required two hundred ten (ii210) for the last partial calendar month of the Lease Term in Additional Parking Spaces. In addition, to the event extent permitted by applicable Legal Requirements and the term hereof expires on a date other than physical constraints of the last day Land, Landlord will use best efforts (not to include the bringing of a calendar month. Tenant’s obligation lawsuits) to pay provide up to an additional one hundred thirty (130) parking spaces (the “Supplemental Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Spaces”), which Supplemental Parking Charge Spaces shall be deemed to be a default in part of the Additional Parking Spaces and shall be subject to the provisions hereof applicable to the Additional Parking Spaces, including, without limitation, payment of Rentparking rental therefor as described below. As additional consideration However, if Landlord fails to provide the Supplemental Parking Spaces, on or before the Commencement Date for the aforesaid PermitsPhase 2 for any reason whatsoever (or, Tenant hereby waives on behalf of itself once provided, all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section portion of the Lease to Supplemental Parking Spaces are no longer usable by Tenant as a result of the contraryacts or omissions of Landlord), so long as Tenant is not in Default under this Leasethen the following provisions shall apply: From the Commencement Date for Phase 2 until the expiration of eight (8) years after the Commencement Date for Phase 2, Tenant shall be entitled to an abatement of Parking Charges for receive a monthly credit against the Permits in the amount of Base Rent to become due hereunder, such credit to be equal to (i) Twenty and No/100 ($0.00 20.00) Dollars per space (not to exceed eighty (80) spaces) per month for the full Term each space between one (1) and eighty (80) of the LeaseSupplemental Parking Spaces that Landlord fails to provide, beginning with and (ii) Ten and No/100 ($10.00) Dollars per space per month for each space between eighty-one (81) and one hundred thirty (130) of the Supplemental Parking Spaces that Landlord fails to provide. For example purposes only, if Landlord provides sixty-five (65) of the Supplemental Parking Spaces, then the Base Rent credit shall be a total of $76,800.00, prorated at $800.00 per month from the Commencement Date for Phase 2 until the expiration of eight (8) years after the “Parking Charge Abatement Period”)Commencement Date for Phase 2. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If In addition, if Tenant Defaults at any time during the Termbecomes entitled to such Base Rent credit and, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant prior to the Abated expiration of eight (8) years after the Commencement Date for Phase 2, Landlord provides from time to time ail or any portion of the one hundred thirty (130) Supplemental Parking Charges Spaces, then commencing on the date(s) that Landlord provides the one hundred thirty (130) Supplemental Parking Spaces (or any portion thereof), the Base Rent credit from each such point forward shall be null and deemed to be void and of no further force or effecteffect with respect to the number of Supplemental Parking Spaces provided by Landlord, and such credit shall be prorated for any partial month in which the one hundred thirty (130) Supplemental Parking Spaces (or any portion thereof) are made available to Tenant.
c. The Additional Parking Spaces shall be subject to a monthly rental charge payable by Tenant to Landlord in the amount of Forty-Two and 13/100 ($42.13) Dollars for each of the Additional Parking Spaces, plus tax, the total amount of such parking rental to be payable to Landlord as Additional Rent at the same time and in the same manner as the monthly installments of Base Rent. The payment parking rental for the Additional Parking Spaces shall be adjusted at the beginning of the fourth (4th) Lease Year and each Lease Year thereafter based on increases in the CPI, in the same manner as CPI increases for the Base Rent as described in Section 3 above.
d. Subject to compliance with alt applicable Legal Requirements, and the terms hereof, Tenant may post signs or other markings in connection with the Parking Area. In addition, since Tenant is responsible for its own security for the Project, Landlord is not responsible for policing or towing any cars wrongfully parked in any of Tenant’s parking spaces.
e. All parking spaces are to be in the Parking Area for the Building, and will be constructed by Landlord in accordance with all applicable Legal Requirements. All spaces leased by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits hereunder shall be abatedused by Tenant’s officers, employees, visitors, agents, contractors, assignees, subtenants and all Base Rent, Additional Rent and other costs and charges specified in invitees. All parking provided for under this Lease shall remain as due and payable pursuant be available twenty-four (24) hours per day, seven (7) days per week, subject to Force Majeure.
f. As part of the improvements to the provisions Project, Landlord will construct a decorative security wall and fence around the Project, along with a free-standing guardhouse at the entrance to the Parking Area. These additional features will be constructed by Landlord prior to the Commencement Date for Phase 1. As a reimbursement to Landlord for the cost of such additional features, Tenant shall pay to Landlord a monthly rental charge equal to Six Hundred Fifty and No/100 ($650.00) Dollars per month, plus tax, the total amount of such rental to be payable to Landlord as Additional Rent at the same time and in the same manner as the monthly installments of Base Rent. The monthly charge for such additional features shall be adjusted at the beginning of the fourth (4th) Lease Year and each Lease Year thereafter based on increases in the CPI, in the same manner as CPI increases for the Base Rent as described in Section 3 above.
g. Except for its negligence, willful misconduct or breach of this Lease, Landlord shall not be liable for any damage to automobiles of any nature whatsoever to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the parking lots.
C. The failure h. If Landlord does not provide the Minimum Parking Spaces and the Additional Parking Spaces to timely pay Tenant by the Commencement Date for Phase 2 (subject to any Tenant Delays and Force Majeure events), then, provided that Tenant has not taken occupancy of Phase 2, Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within ten (10) days after the Commencement Date for Phase 2, whereupon Tenant shall vacate and surrender Phase 1 to Landlord in the manner required by this Lease within one (1) year after the date of Tenant’s termination notice, Landlord shall return to Tenant the Security Deposit, plus Landlord shall reimburse Tenant for the actual, reasonable out-of-pocket costs incurred by Tenant regarding this Lease (but not to exceed One Hundred Fifty Thousand and No/100 ($150,000.00) Dollars), and both parties shall be relieved of all further obligations hereunder; provided, however, that if Landlord provides the Minimum Parking Charge specified aboveSpaces and the Additional Parking Spaces within fifteen (15) days after receipt of Tenant’s termination notice, or then the termination notice will be deemed to comply with be void and rescinded, and the rules Lease shall continue in full force and regulations governing the use effect. Within ninety (90) days after Tenant’s termination notice, Tenant shall notify Landlord of the Building Garageexact date that Tenant will vacate and surrender Phase 1, including but not limited which date shall be (a) no earlier than ninety (90) days after the date of Tenant’s notification of such exact date, and (b) no later than one (1) year after the date of Tenant’s termination notice. Rent for Phase 1 shall be prorated through the date that Tenant so vacates and surrenders Phase 1 to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Sources: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)
Parking. A. Landlord shall make available to provide Tenant, at no additional cost to Tenant (other than as an Operating Expense of the Project as provided Tenant is not in default under this Leasefor below), throughout with the Term Seven (7) number of parking permits spaces (the “PermitsParking Allotment”) derived by multiplying Tenant’s Project Share, as defined in Section 4.05(b), by the total number of parking spaces, from time to allow access to time, in the Project Common Area. The parties acknowledge that the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted spaces shall not be designated for Tenant’s use but shall instead be available to Tenant and Tenant’s customers on an unreserved, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, firstdesignated nonexclusive first come-come, first-first serve basis. Landlord The parking spaces may elect to establish include a mixture of surface and structured parking zones in the Building Garage for compact and if Landlord so electsfull-size passenger automobiles, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentin its sole discretion. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system shall have no liability for the Building Garage use of any such parking spaces by anyone other than Tenant, Tenant’s Parties or Tenant’s visitors. In the event Landlord elects or is required by any law to provide special requirements for weekendlimit or control parking at the Building, holiday or after hours usage and to temporarily close the Building GarageProject Buildings, or portions thereof to make such repairs the Project, whether by validation of parking tickets or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsany other method of assessment, Tenant covenants and agrees to pay to Landlord during the Termparticipate, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued at no cost to Tenant, in such validation or assessment program under such reasonable rules and such Parking Charge regulations as are from time to time established by Landlord. Except as otherwise expressly provided herein, all costs and expenses associated with parking areas serving the Project shall be paid monthly included in advance as hereinabove providedOperating Expenses. A pro rata Tenant shall not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment in the Project Common Area or on any portion of such Parking Charge shall be payable for the (i) first partial calendar month Project. Tenant agrees to notify its employees and invitees of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees or invitees park any time during vehicle within the TermProject in violation of these provisions, and any extension thereofthen Landlord may, and upon prior written notice to Tenant, give Tenant fails one (1) day to cure remove such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlordvehicle(s), in addition to any other remedies Landlord may have under this Lease, charge Tenant, as Additional Rent, and Tenant agrees to pay, as Additional Rent, One Hundred Dollars ($100) per day for each day or partial day that each such vehicle is so parked within the Project. Landlord reserves the right to grant easements and access rights to others for use of the parking areas on the Property, provided hereunderthat such grants do not materially interfere with Tenant’s use of the parking areas. With respect to the parking spaces serving the Project, as of the date hereof, the parking ratio for the Project is approximately 3.19 spaces per 1,000 square feet of rentable area of the Project. Subject to terminate any lower parking ratio that may be applicable as a consequence of any governmental law or regulation that may be in effect from time to time, Landlord agrees that during the Permits and tow any vehicles which are in violation Term, the parking ratio for the Project shall not be less than 3.00 spaces per 1,000 square feet of said rules and regulations from rentable area of the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromProject.
Appears in 3 contracts
Sources: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles subterranean Parking Facility and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use surface parking lot serving the Building Garage without as shall be designated by Landlord from time to time for unreserved parking for the Landlordtenants of the Building; provided, however, that Tenant, at Tenant’s prior written consent. Landlord reserves sole cost and expense, shall have the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the designate (i) first partial calendar month up to six (6) of Tenant’s unreserved parking spaces as reserved parking spaces, the location of which reserved parking spaces shall be in the surface parking lot in an area next to the backside of the Lease Term in common area lobby near the event entry to the Commencement Date occurs on a date other than Premises, with the first day of a calendar monthexact location to be mutually agreed upon by Landlord and Tenant, and (ii) for up to twenty-nine (29) of Tenant’s unreserved parking spaces as reserved parking spaces, the last partial calendar month location of the Lease Term which reserved parking spaces shall be in the event subterranean Parking Facility (within the term hereof expires on a date other than the last day of a calendar monthexact location to be determined by Landlord after consultation with Tenant). Tenant’s obligation continued right to pay use the parking spaces is conditioned upon (i) Tenant abiding by (A) the Parking Charge shall be considered an obligation Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all modifications and additions thereto which are prescribed from time to pay Rent time for the orderly operation and use of the Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all purposes thereunder recorded covenants, conditions and shall be secured in like manner as is restrictions affecting the Building, and (ii) upon Tenant’s obligation cooperation in seeing that Tenant’s employees and visitors also comply with the Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord (and/or any other owners of ▇▇▇▇▇▇ ▇▇▇▇▇ Science Center) specifically reserve the right to pay Rentchange the size, configuration, design, layout, location and all other aspects of the Parking Facility (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Parking Facility. Default Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the payment Parking Operator shall have all the rights of such Parking Charge shall be deemed control attributed hereby to be a default in the payment of RentLandlord. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within ten (the “Parking Charge Abatement Period”)10) days after Landlord’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 3 contracts
Sources: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Parking. A. Tenant shall be entitled to use, commencing on the Commencement Date, the number of unreserved parking passes set forth in Article 1.I. of the Basic Lease Provisions, which parking passes shall pertain to the Project parking facility. Tenant shall not be required to pay to Landlord any fee for such parking passes. However, Tenant shall make available be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, provided and Tenant is not being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the size, configuration, design, layout and all other aspects of the Project parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage facility at any time and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants acknowledges and agrees that Landlord may, without incurring any liability to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum Tenant and without any abatement of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, from time to time, relocate any reserved parking spaces (if any) rented by Tenant shall be entitled to an abatement of Parking Charges for the Permits another location in the amount of $0.00 per month for the full Term Project parking facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the Lease, beginning with parking facility in which case such parking operator or lessee shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes rented by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 23 are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseotherwise alienated by Tenant without Landlord's prior approval.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Sources: Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Parking. A. Beginning on the earlier to occur of the date that Tenant first occupies the Premises for the conduct of its business or the Rent Commencement Date (the “Parking Commencement Date”), Landlord shall make available grants to Tenant, provided Tenant is not subject to the terms hereof, a license to use the number of parking spaces in default under this Lease, throughout the Term Seven (7) Building’s parking permits garage (the “Permits”) to allow access to the parking garage located at the Property (the “Building Parking Garage”) which is used in connection with the operation an amount not to exceed 1.45 parking spaces per 1,000 rentable square feet of the Building. Of said Seven third (73rd) Permits granted to Tenantfloor and fifth (5th) floor portions of the Premises, each as evidenced by parking passes, which parking spaces shall be standard used by Tenant’s employees on an unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so electsAccordingly, the Permits may be issued to specifically identified vehicles and as of the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsCommencement Date, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system and for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during remainder of the Term, as Additional Rent thereunder, a Tenant shall license ninety-five (95) parking charge passes (the “Parking ChargePasses”) equal ). Landlord shall not withhold its consent to the sum a proposed sublease of $0.00 per month for each Permit issued additional parking spaces to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date Tenant by any other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located tenant in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant no Event of Default is not in Default then continuing under this Lease, such sublease terminates automatically upon the termination of such other tenant’s lease, and the charges for such sublease are not less than the then-current rates for parking spaces under this Lease or more than that permitted to be charged by Landlord pursuant to Applicable Laws (as defined below). Tenant shall have no right to assign or otherwise transfer the Parking Passes other than in connection with an assignment of this Lease or to a subtenant under an approved sublease or pursuant to a Permitted Transfer (as defined below). Commencing on the Parking Commencement Date, Tenant shall pay Landlord (or at Landlord’s election, directly to the parking operator) for all of the Parking Passes, whether or not used, at the market rate charged by Landlord, which shall be entitled consistent with the rates charged in the Alewife area (including Cambridge Discovery Park and ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇) (currently $145.00 per month per pass), as such rate may vary from time to an abatement time and as determined by Landlord in good faith. If, for any reason, Tenant shall fail timely to pay the charge for any of said Parking Charges Passes, and if such default continues for ten (10) days after written notice thereof on more than one (1) occasion in any one 12-month period, Tenant shall have no further right to the Parking Passes and associated parking rights for which Tenant failed to pay the charge under this Section and Landlord may allocate such Parking Passes and associated parking rights for use by other tenants of the Building free and clear of Tenant’s rights under this Section. Tenant agrees not to use spaces in the parking facilities in excess of Tenant’s allocation of parking passes as determined in accordance with the ratio set forth above and agrees to cooperate with Landlord and other tenants in the use of parking facilities. Landlord may designate parking facilities at the Property for the Permits in handicapped, visitors to the amount Property and for exclusive use by other tenants. Landlord may install signage or implement a pass or sticker system to control parking use, and may employ valet parking at no cost to Tenant (including by use of $0.00 per month for off-site premises), to meet the full Term requirements of this Section. To the extent applicable to Tenant’s use of the Leaseparking spaces, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount provisions of Parking Charges for the Permits abated during the Parking Charge Abatement Period this Lease shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termapply, and any extension thereof, Landlord may promulgate reasonable rules and Tenant fails regulations of general applicability from time to cure time with respect to such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become use. Except due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and negligence or willful misconduct of no further force Landlord or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rightsemployees, pursuant agents or contractors, but subject to this Lease Section 9.7, Landlord assumes no responsibility whatsoever for loss or at law damage due to fire, theft or otherwise to any automobile(s) parked in equitythe parking facilities or to any personal property therein, however caused, and Tenant agrees, upon request from Landlord from time to time, to notify its officers, employees, agents and invitees of such limitation of liability. During In connection with the repair and/or maintenance of the Parking Charge Abatement PeriodGarage, only Parking Charges for Landlord shall have the Permits shall be abated, and right to temporarily relocate all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use any portion of the Building Garage, including but available parking spaces therein to other parking lots or garages that are not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations more than one-quarter (1/4) mile from the Building Garage at the sole cost and expense of Building, provided, however that Tenant and without liability shall not pay any additional charges costs for damages resulting therefromsuch relocated parking spaces.
Appears in 3 contracts
Sources: Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.), Lease Agreement (Codiak BioSciences, Inc.)
Parking. A. Landlord hereby agrees to make available to Tenant and Tenant shall make lease from Landlord during the full Term of this Lease Agreement parking permits (hereinafter collectively referred to as the “Parking Permits”) for twenty (20) parking spaces (hereinafter collectively referred to as Tenant’s “Building Basement Spaces”) in the basement of the Building (hereinafter referred to as the “Building Basement”), upon the following terms and conditions:
(1) All of Tenant’s Building Basement Spaces will be reserved parking spaces;
(2) Five (5) of the Parking Permits shall be without charge to Tenant for the first five (5) years of the term of this Lease Agreement (the “Free Parking Permits”). Thereafter, Tenant shall pay for the Free Parking Permits at the then prevailing market rental rate for Building Basement Spaces, as determined by Landlord in its good faith discretion;
(3) Tenant shall pay for the remaining Parking Permits at a rate equal to $100 per month per Parking Permit plus all applicable taxes thereon;
(4) Landlord will issue to Tenant parking tags, stickers or access cards for the Parking Permits, or will provide a reasonable alternative means of identifying and controlling vehicles authorized to park in the Building Basement; and
(5) If for any reason Landlord fails or is unable to provide any of Tenant’s Building Basement Spaces covered by the Parking Permits to Tenant at any time during the Term or any renewals or extensions hereof, and such failure continues for five (5) business days after Tenant gives Landlord written notice thereof, then, in addition to all other rights and remedies available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay rental for any of Tenant’s Building Basement Spaces covered by the Parking Charge Permits which is not provided by Landlord shall be considered an obligation to pay Rent abated for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is does not in Default under this Lease, Tenant have the use thereof space and Landlord shall use its diligent good faith efforts to provide alternative parking arrangements for the number of vehicles equal to the number of parking spaces covered by the Parking Permits not provided by Landlord. This abatement and offer of alternative parking arrangements shall be entitled in full settlement of all claims that Tenant might otherwise have against Landlord by reason of Landlord’s failure or inability to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for provide Tenant with such parking spaces.
B. Landlord hereby agrees to make available to Tenant during the full Term of the Lease, beginning with the Commencement Date this Lease Agreement one hundred eighty-seven (187) parking spaces (the “Garage Parking Charge Abatement PeriodSpaces”) in the garage owned by Landlord located south of the Building (the “Garage”), sixty (60) of which shall be on a “take and pay” basis (the “Employee Contract Spaces” and the remaining one hundred twenty-seven (127) spaces being hereinafter referred to as the “Allocated Spaces”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.Twenty
Appears in 3 contracts
Sources: Lease Agreement (Foundation Healthcare, Inc.), Lease Agreement (University General Health System, Inc.), Lease Agreement (University General Health System, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not allocated and shall have the non-exclusive right to use the non-exclusive parking spaces located within the Project from time to time, for its use and the use of Tenant’s Agents, in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection common with the operation other tenants of the BuildingProject, up to, but not exceeding, the lesser of (i) the number of allocated parking spaces set forth in Section H of the Summary, or (ii) the Tenant’s Share of the non-exclusive parking spaces available for use within the Project from time to time (which as of the Effective Date is the percentage set forth in Section G of the Summary), the location of which parking spaces may be designated from time to time by Landlord. Of said Seven (7) Permits granted Tenant shall not at any time use more parking spaces than the number so allocated to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to or park its vehicles or the vehicles of others in any portion of the Project not designated by Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisexclusive parking area. Landlord may elect Tenant shall not have the exclusive right to establish use any specific parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordspace. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsgrants to any other tenant the exclusive right to use any particular parking space(s), other vehicles Tenant shall not be permitted to use such spaces. Tenant shall not park or store vehicles at the Building Garage Project for more that (24) hours without the Landlord’s prior written consentconsent in Landlord’s sole and absolute discretion. Such unauthorized vehicles may be towed at Tenant’s expense. Landlord reserves the right upon written notice posted in the Building Garageright, after having given Tenant reasonable notice, to change have any vehicles owned by Tenant or Tenant’s Agents utilizing parking spaces in excess of the parking system spaces allowed for the Building Garage Tenant’s use to provide special requirements for weekend, holiday or after hours usage be towed away at Tenant’s cost. All trucks and to temporarily close the Building Garage, or portions thereof to make delivery vehicles shall be (i) parked in such repairs or alterations areas as Landlord may deem appropriate.
B. In consideration for designate from time to time, (ii) loaded and unloaded in a manner which does not interfere with the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum businesses of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month other occupants of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthProject, and (iiiii) for permitted to remain on the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, Project only so long as Tenant is not reasonably necessary to complete loading and unloading. In the event Landlord elects or is required by any Law to limit or control parking in Default under this Leasethe Project, whether by validation of parking tickets or any other method of assessment, Tenant shall be entitled agrees to an abatement of Parking Charges for the Permits participate in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period validation or assessment program under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the such rules and regulations governing the use of the Building Garage, including but not limited as are from time to the rules establishing time limits on the use of said Permits, shall entitle established by Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Sources: NNN Office Lease (Aridis Pharmaceuticals, Inc.), Office Lease (Monolithic Power Systems Inc), Gross Lease (Alphasmart Inc)
Parking. A. Landlord shall make available agrees to Tenantconstruct, provided Tenant is not in default under this Leaseat Landlord’s sole cost and expense, throughout the Term Seven (7) a surface parking permits lot on a lot located on Hull Street and owned by Landlord (the “Permits‘Parking Lot”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month exclusive use of Tenant and its employees for the parking of motor vehicles. The Parking Lot will allow for up to forty-eight (48) parking spaces in accordance with the parking schematic attached hereto as Exhibit B (the Parking Schematic”). Landlord will provide Tenant with “UA Parking” hang tags to be displayed in each motor vehicle and a sign at the entrance of the Lease Term Parking Lot specifying that the Parking Lot is for Tenant’s sole and exclusive use. Management of the efficient use and maximum capacity of the Parking Lot in accordance with the Parking Schematic shall be the responsibility of Tenant. Beginning on the Substantial Completion Date (as defined below) and ending on the Termination Date, Tenant shall lease the entire Parking Lot from Landlord and shall pay rent for the Parking Lot in the event the term hereof expires on a date other than the last day amount of a calendar $50.00 per parking space per month. Tenant’s obligation to pay The “Substantial Completion Date” shall occur on that date that Landlord completes the striping of the Parking Charge shall be considered an obligation to pay Rent Lot. All monthly payments for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge Lot shall be deemed to be a default in the payment of Additional Rent. As additional consideration Landlord shall be responsible for all costs of operating the aforesaid PermitsParking Lot, including maintenance costs, electricity/lighting costs, real estate taxes, insurance costs, and snow removal costs. Tenant hereby waives on behalf of itself all claimsshall indemnify, whether based on negligence or other grounds, against defend (at Tenant’s cost) and save harmless the Landlord, its agents members and employees arising out of employees, from and against any loss and all actions, claims or damage to automobiles or other property while located demands, suits at law, in the Building Garageequity, or arising out before administrative tribunals, due to the negligence, intentional wrongful acts, or alleged negligence or intentional wrongful acts of Tenant, its officers, employees, sublessees, agents, contractors, business invitees or visitors (except to the extent caused by any personal injuries sustained intentional wrongful act or negligence of the Landlord, its members and employees) in connection with the use of said Building Garage. Notwithstanding anything the Parking Lot or in this Section connection with any breach or default in performing any of the Lease to the contrary, so long as Tenant is not in Default obligations under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay Third Amendment. Landlord and Tenant acknowledge that the Parking Charge specified above, or to comply with the rules and regulations governing the use Lot is a temporary part of the Building Garageparking facilities at the Project. Upon such time that Landlord makes available another parking area for the tenants at the Project (the “Substitute Parking Area”), including but not limited Landlord shall have the right to terminate Tenant’s parking rights in the Parking Lot and relocate Tenant’s parking spaces to the rules establishing Substitute Parking Area, provided Landlord delivers written notice to Tenant at least six (6) months prior to relocation of such parking spaces. At the time limits on of such notice, Landlord shall determine the number of parking spaces in use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage by Tenant at the sole cost Parking Lot and expense shall provide for the same number of Tenant and without liability for damages resulting therefromparking spaces in the Substitute Parking Area at market rates.
Appears in 3 contracts
Sources: Lease (Under Armour, Inc.), Lease (Under Armour, Inc.), Lease Agreement (Under Armour, Inc.)
Parking. A. Landlord shall make available The Project includes underground parking serving the Project comprised of (i) twelve (12) individual underground garages that will be designated as Limited Common Elements to Tenantthose specific units in the Project listed on Exhibit B attached hereto, provided Tenant is not in default under this Lease, throughout the Term Seven (7ii) three (3) parking permits spaces that are reserved for the car-share program as described in site-specific development plan for the Project disclosed to Purchaser pursuant to Section 9.c below, and (iii) the “Permits”) to allow access remainder of the parking that will be designated unassigned General Common Elements where units not listed on Exhibit B will have unassigned parking rights as described in the Declaration, provided, however, all parking areas are subject to the parking garage located administration and management by the Association. Purchaser acknowledges and agrees that, at the Property (the “Building Garage”) which is used in connection with the operation time of establishment of the Building. Of said Seven (7) Permits granted West Building as the first phase of the Project, portions of the underground parking are anticipated to Tenantbe Expansion Property for the development of the next phase of the Project and portions may be subject to the Temporary Construction Easement, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysdescribed in Section 5.d below, and HolidaysPurchaser shall have no right to park in or use of any such areas. Except with respect Purchaser further acknowledges that owners within the Project are entitled to any certain limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking rights in the Building residential areas of the Base Village Parking Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect and that owners within Snowmass Base Village are entitled to establish certain reciprocal limited parking zones rights in the Building Garage and if Landlord so electsunderground parking of the Project. Further, pursuant to the Permits may be issued Base Village Parking Management Plan disclosed to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsPurchaser under Section 9.c below, other vehicles shall Purchaser will not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted leave vehicles in the Building Garageunassigned parking areas of the Project when not in residence. Purchaser is advised to review the provisions in the Declaration applicable to parking and in the Base Village Parking Management Plan for more information. If the Unit is listed on Exhibit B, the LCE Garage Assignment Key disclosed to change Purchaser as part of the parking system for Disclosure Documents under Section 9.c below shows the Building Garage specific individual garage assigned to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge Unit (the “LCE Parking ChargeAssignment”) equal ), and the Map will designate the individual garage listed as the Unit’s LCE Parking Assignment to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance Unit as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease Limited Common Element appurtenant to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseUnit.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 3 contracts
Sources: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Parking. A. (i) During the Term, commencing on the Rent Commencement Date, Landlord shall shall, subject to the terms hereof, make available the number of parking spaces equal to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the ’s Allocated Parking Charge Spaces (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking Tenant’s use in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in garage/parking areas serving the Building Garage and if Tenant shall lease such spaces from Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during throughout the Term, subject to Landlord’s rights under this Section 1.4(b). For purposes hereof, “Tenant’s Allocated Parking Spaces” shall mean a whole number (i) that is no less than the result determined by dividing the rentable square footage of the Premises by 1,000 and rounding up any remainder equal to or greater than 0.5 (as Additional Rent thereunderit may be reduced pursuant to this Section 1.4(b), a parking charge (the “Parking ChargeMinimum”) equal to (e.g., for the sum of $0.00 per month for each Permit issued to Tenantperiod commencing on the Execution Date, and such the Parking Charge Cap shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the nineteen (i19), (ii) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other that is no greater than the first day of a calendar monththirty-two (32), and (iiiii) for specified by Tenant in a written notice to Landlord on or before the last partial calendar month of date which is sixty (60) days after the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Commencement Date (it being understood and agreed that if Tenant fails to timely deliver such written notice, Tenant’s obligation to pay the Allocated Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge Spaces shall be deemed to be a default in equal the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”Minimum). The total amount number of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges parking spaces in the event of a Default shall not limit or affect any of Landlord’s other rightsparking garage/areas allocated to Tenant, as modified pursuant to this Lease or as otherwise permitted by Landlord, are hereinafter referred to as the “Parking Spaces.” Upon at law least sixty (60) days’ written notice to Landlord, Tenant shall have the right, exercisable no more than once per Rent Year, to reduce the number of Parking Spaces allocated to Tenant under this Section 1.4(b); provided, however, at all times during the Term hereof, subject to Landlord’s right to terminate Tenant’s rights for non-payment as hereinafter described, the number of Parking Spaces shall be equal to or in equity. During greater than the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseMinimum.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Sublease (Praxis Precision Medicines, Inc.), Sublease (Praxis Precision Medicines, Inc.)
Parking. A. Landlord Tenant is allocated, and Tenant and its employees and invitees shall make available have the non-exclusive right to use, not more than the number of parking spaces set forth in Article 1 as “Tenant’s Number of Parking Spaces”. Tenant shall not, at any time, use or permit its employees or invitees to use more parking spaces than the number so allocated to Tenant, provided . Tenant is shall not in default under this Lease, throughout have the Term Seven (7) exclusive right to use any specific parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysspace, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in to designate from time to time the Building Garage, to change location of the parking system spaces allocated for Tenant’s use. In the Building Garage event Landlord elects or is required by any Law to provide special requirements for weekendlimit or control parking within the Project, holiday whether by validation of parking tickets or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsany other method, Tenant covenants and agrees to pay to Landlord during the Termparticipate in such validation or other program as reasonably established by Landlord. Tenant shall not, as Additional Rent thereunderat any time, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed park or permit to be a default parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant’s trucks or other vehicles, or the trucks and vehicles of Tenant’s suppliers or others, in this Section any portion of the Lease to the contrary, so long as Tenant is Common Areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not, at any time, park or permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked any recreational vehicles, inoperative vehicles or equipment on any portion of the Lease, beginning common parking area or other Common Areas of the Project. Tenant agrees to assume responsibility for compliance by its employees and invitees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees park any time during vehicle within the TermProject in violation of these provisions, and any extension thereofthen Landlord may charge Tenant, as Additional Rent, and Tenant fails agrees to cure such Default within any applicable cure period under the Leasepay, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base as Additional Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveFifty Dollars per day for each day or partial day that each such vehicle is illegally parked, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle parked in any area other than that designated. Tenant hereby authorizes Landlord, in addition to any other remedies provided hereunderat Tenant’s sole expense, to terminate tow away from the Permits Project and tow store until redeemed by its owner any vehicles which are vehicle belonging to Tenant or Tenant’s employees parked in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthese provisions.
Appears in 2 contracts
Sources: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant It is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily agreed by and between the hours LESSOR and LESSEE that parking is not granted as part of 5:00 a.m. and 11:00 p.m. on Saturdaysthe leased premises but rather as a courtesy to the LESSEE. The parking lot shall, Sundaysat the LESSOR’S option, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be operated on a non-reserved, first-come, first-serve basisbasis subject to unauthorized cars being towed by a private towing and storage company. Landlord may elect Parking passes are required at all parking lots. There is a cost of $180.00 for each pass (pass is valid for the term equal to establish one school Semester). Summer Semester passes will run $140.00. It is LESSEE’s responsibility to renew his/her parking zones in pass at the Building Garage beginning of each semester and if Landlord so elects, at the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordbeginning of a new lease. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall LESSOR will not be permitted responsible for any towing costs that may occur as a result of the LESSEE forgetting to use renew his parking pass. At LESSOR’S option, LESSOR may tow the Building Garage without cars of persons who have violated any rules of the Landlord’s prior written consentlot as described by LESSOR or any terms of this lease agreement regardless of whether a valid pass is properly displayed or not. Landlord In the event that the lease agreement is legally terminated and LESSEE continues to park in parking lot, then LESSOR reserves the right upon written notice posted to tow such vehicle. LESSEE UNDERSTANDS THAT PARKING IS LIMITED. Parking may not always be available during Home Football games where LESSOR allows for use of parking spaces for tailgating purposes. LESSEE understands their vehicle must be moved from these parking spaces by 5 PM on the day before Home Football games. The parking breakdown is as follows: Studios, one-bedrooms, two-bedrooms: One parking space per apartment. Three-bedrooms: Two parking spaces per apartment. Four, Five and Six- bedrooms: Three parking spaces per apartment. Any ADDITIONAL spaces available in the Building Garage, to change the parking system lot will be offered for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether sale by waitlist based on negligence or other grounds, against Landlord, its agents how many spaces are available after the initial passes are sold per lease. All persons needing a pass will be able to sign onto the waitlist and employees arising out we will determine the number of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garagepasses available. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseALL RESIDENTS MUST SHOW A VALID REGISTRATION WHEN PURCHASING A PARKING PASS.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex 117 parking spaces in the common parking areas of the Complex. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall not use parking spaces in excess of said 117 spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord's sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout 's parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant. Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant at Landlord's sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure any change in Tenant's parking spaces. Tenant shall not, at any time, park, or permit to timely pay be parked, any trucks or vehicles adjacent to the Parking Charge specified aboveloading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park, or permit the parking of Tenant's trucks or other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, ten ($10.00) Dollars per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord at Tenant's sole expense to tow away from the Complex any vehicle belonging to Tenant or Tenant's employees parked in violation of these provisions, or to comply with attach violation stickers or notices to such vehicles. Tenant shall use the rules parking areas for vehicle parking only, and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage. See Paragraph 55.
Appears in 2 contracts
Sources: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)
Parking. A. All parking spaces are provided to Tenant under this Lease as a part of the common area of the Building and there is no rent is due from Tenant to Landlord for the use of parking spaces. Exhibit J contains a parking plan for purposes of this Lease. Landlord shall make designate ten (10) reserved and eleven (11) visitor parking spaces for exclusive use by Tenant in the front of the Building shown as 21 spaces on Exhibit J. In addition, the parking field adjacent to the Building showing 270 spaces on Exhibit J shall be available for Tenant’s exclusive use for parking. Landlord and Tenant shall agree upon marking and signage designating the 291 spaces as exclusive to Tenant’s use. In the event that Tenant determines that its employees, provided Tenant is not customers or other invitees are having difficulty with parking in default under this Leasethe open parking fields, throughout it shall notify Landlord and Landlord shall promptly take such steps as are required to remedy the Term Seven (7) parking permits (the “Permits”) to allow problem including without limitation, providing a security guard, erecting barriers limiting access points to the parking garage located area or engaging the services of a qualified traffic and parking field engineer to make recommendations for alleviating any parking issues. Landlord agrees that it will review the recommendation of said engineer with Tenant and Landlord shall immediately take appropriate action to alleviate the parking issues for Tenant’s employees, customers or other invitees and comply with its obligations under this Section 40 to provide the parking spaces as set forth on Exhibit J for Tenant’s exclusive use. Landlord shall provide an additional 100 exclusive use parking spaces for Tenant upon the first take-down of additional Premises and 109 exclusive use parking spaces upon Tenant’s second take-down of additional Premises in a location contiguous with the spaces described above and which is depicted on Exhibit J. Landlord agrees that the width of each parking space it is obligated to provide hereunder (measured from the center of the line) shall be at least 9 feet 4 inches in width and 18 feet in length. After the Term Commencement Date, Landlord shall not undertake any construction at the Property (Riverwalk complex which causes Tenant to lose or need to relocate any parking spaces as specifically provided on Exhibit J without the “Building Garage”) which is used in connection with the operation mutual agreement of the Building. Of said Seven (7) Permits granted to parties hereto acting reasonably; provided that the parking spaces designated in green on the parking plan may not be relocated or otherwise impacted in any manner without Tenant, each shall ’s written consent which may be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking withheld in the Building Garage will be on a non-reserved, first-come, first-serve basisits sole discretion. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change agrees that the parking system area shall allow for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation delivery vehicles (including so-called 18 ▇▇▇▇▇▇▇ vehicles) to pay the Parking Charge shall be considered an obligation have adequate access to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents from and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from loading dock at the Building Garage (and the area at which the sole cost and expense of Tenant and without liability for damages resulting therefromloading dock is located).
Appears in 2 contracts
Sources: Lease Agreement (NxStage Medical, Inc.), Lease Agreement (NxStage Medical, Inc.)
Parking. A. Landlord hereby acknowledges that Tenant shall make available have the right to restripe parking lots at Tenant, 's own expense (provided Tenant is not the only occupant of a Complex to be restriped). Any restriping shall be in default under compliance with all applicable codes and regulations and Landlord shall cooperate with Tenant in this Lease, throughout effort. Tenant shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection use with the operation other tenants or occupants of the BuildingComplex its proportionate share of parking spaces in the common parking areas of the Complex. Of said Seven (7) Permits granted to Tenant agrees that Tenant, each Tenant's employees, agents, representatives and/or invitees shall be standard unreserved. In consideration therefor, not use parking spaces outside of the Complex parking allocated to Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basishereunder. Landlord may elect to establish parking zones in shall have the Building Garage and if Landlord so electsright, the Permits may be issued at Landlord's sole discretion, to specifically identified vehicles and designate the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use location of Tenant's parking spaces within the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the common parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month areas of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant at Landlord's sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure any change in Tenant's parking spaces. Tenant shall not, at any time, park, or permit to timely pay be parked, any trucks or vehicles adjacent to the Parking Charge specified aboveloading areas so as to interfere in any way with the use of such areas, nor shall Tenant at any time park, or permit the parking of Tenant's trucks or other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than such designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay, ten ($10.00) Dollars per day for each day or partial day each such vehicle is parked in any area other than that designated. Tenant hereby authorizes Landlord at Tenant's sole expense to tow away from the Complex any vehicle belonging to Tenant or Tenant's employees parked in violation of these provisions, or to comply with attach violation stickers or notices to such vehicles. Tenant shall use the rules parking areas for vehicle parking only, and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Sources: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)
Parking. A. In connection with Tenant’s lease of the Expansion Premises, and in addition to the Parking Spaces described in Section 1(o) of the Original Lease, as of the Expansion Premises Commencement Date Tenant hereby licenses from Landlord shall make available and Landlord hereby licenses to Tenant, provided Tenant is not One Hundred Eleven (111) unreserved (covered or uncovered) Parking Spaces and ten (10) executive reserved Parking Spaces for a total of one hundred and twenty-one (121) Parking Spaces. The executive reserved Parking Spaces are located in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which that is used in connection with the operation of below the Building. Of said Seven (7) Permits granted If available as determined by Landlord in its sole and reasonable discretion, Tenant shall have the right to Tenantlicense the use of additional Parking Spaces, each the cost for which shall be standard unreservedbilled to Tenant at the then prevailing rate for such Parking Space(s) on a month-to-month basis with each party having the right to terminate the month-to-month license as to such additional Parking Space(s) only on no less than thirty (30) days prior written notice to the other party. In consideration thereforSubject to the terms and conditions of Section 48 of the Original Lease: (i) for each executive reserved Parking Space, Tenant will shall pay to Landlord as Additional Rent One Hundred Twenty-Five and with each installment of Base Rent due under the Lease, the Parking Charge 00/100 Dollars (hereinafter defined$125.00) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar space per month, plus applicable transaction privilege taxes; and (ii) for each unreserved (covered or uncovered) Parking Space, Tenant shall pay to Landlord Seventy-Five and 00/100 Dollars ($75.00) per space per month, plus applicable transaction privilege taxes, which taxes are currently 2.3%. The monthly rental for all Parking Spaces shall be subject to periodic adjustments in accordance with Section 48 of the last partial calendar month Original Lease. Provided that no Default under any term, condition or obligation of the Lease Term in exists at the time of the abatement provided below that leads to the Landlord either repossessing the Premises or terminating the Lease, Tenant’s monthly rental fees for the Parking Spaces shall be abated for the Abatement Period (the “Abated Parking Rental Fees”). The principal amount of the Abated Parking Rental Fees, together with interest thereon calculated at the rate of twelve percent (12%) per annum, compounded monthly, shall be amortized evenly over the Term. So long as no uncured Default occurs under the Lease, then upon Landlord’s receipt of the final monthly installment of Rent applicable to the Expansion Premises, Tenant shall have no liability to Landlord for the repayment of any portion of the Abated Parking Rental Fees. In the event of an uncured Default, then in addition to all of Landlord’s other remedies available under the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled also become immediately liable to an abatement of Parking Charges Landlord for the Permits unamortized portion of the Abated Parking Rental Fees existing as of the date of such uncured Default, and interest shall accrue thereon at the Default Rate. The reference in Section 1(o) of the Original Lease to “Reserved (covered)” Parking Spaces is hereby changed to be a reference to “executive reserved” Parking Spaces, which Spaces are to be located in the amount parking garage that is below the Building. Furthermore, the second paragraph of $0.00 per month for the full Term Section 1(o) of the Original Lease, beginning with the phrase “Tenant shall notify Landlord in writing...”, is no longer applicable and therefore, to avoid confusion, is acknowledged by the parties to have been deleted from the Original Lease. As a result of the foregoing, as of the Expansion Premises Commencement Date Tenant will be licensing from Landlord and Landlord will be licensing to Tenant, Two Hundred Twenty-Two (the “222) unreserved (covered or uncovered) Parking Charge Abatement Period”). The total amount of Spaces and twenty (20) executive reserved Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseSpaces.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)
Parking. A. (a) Landlord shall make available hereby grants to TenantTenant the right, provided Tenant is not in default under this Leasecommon with others authorized by Landlord, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to use the parking garage facilities owned by Landlord and located at the Property at no charge to Tenant. Landlord, at its sole election, may designate the types and locations of parking spaces within the parking facilities which Tenant shall be allowed to use. Landlord shall have the right, at Landlord’s reasonable election, to equitably change said types and locations from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building, and Landlord shall use its best efforts to maintain parking at the Property. Ring Central, Inc. Lease 31
(b) Landlord reserves the “Building Garage”) which is used in connection with right to enforce parking. In the operation event Tenant exceeds its parking allotment provided under Article 1.S of the Building. Of said Seven (7) Permits granted to TenantLease, each Tenant shall be standard unreserved. In consideration thereforrequired, within five (5) days of receiving written notice from Landlord, to implement an alternative parking plan/shuttle service for its employees that results in Tenant will pay not exceeding its parking allotment, and Tenant’s failure to Landlord as Additional Rent and with each installment of Base Rent due do so within said five (5) day period shall be a default under the Lease. Thereafter, if Tenant should again exceed its parking allotment, Tenant shall, without further notice from Landlord, be in default of the Parking Charge Lease. Consistent with Landlord’s policy, no reserved parking stalls will be allotted to Tenant.
(hereinafter definedc) hereinafter provided. The Permits If requested by Landlord, Tenant shall only notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the parking facilities and if requested by Landlord, such automobiles shall be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysidentified by automobile window stickers provided by Landlord, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles such designated automobiles shall not be permitted to use the Building Garage without the parking facilities. If Landlord institutes such an identification procedure, Landlord may provide additional parking spaces for use by customers and invitees of Tenant on a daily basis at prevailing parking rates, if any. At Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garagesole election, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration make validation stickers available to Tenant for the Permitsany such additional parking spaces, Tenant covenants and agrees to pay to provided, however, if Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition makes validation stickers available to any other remedies tenant in the Building, Landlord shall make such validation stickers available to Tenant.
(d) The parking facilities provided hereunder, to terminate for herein are provided solely for the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense accommodation of Tenant and without Landlord assumes no responsibility or liability for damages resulting therefromof any kind whatsoever from whatever cause with respect to the automobile parking areas, including adjoining streets, sidewalks, driveways, property and passageways, or the use thereof by Tenant or tenant’s employees, customers, agents, contractors or invitees, unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees.
Appears in 2 contracts
Sources: Office Lease, Office Lease (RingCentral Inc)
Parking. A. Landlord shall 13.1. In addition to the Parking Spaces which are being used by the Lessee in accordance with the Lease Agreement, the Lessee will be entitled to make available use, for parking purposes only, in accordance with the provisions of the Lease Agreement and of this Addendum, of 3 Parking Spaces, located in the Parking lot of building 3 of the Park, which will be allocated to Tenantit by the Lessor (hereinafter, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (respectively: the “Permits”) to allow access to the parking garage located at the Property (Parking Spaces” and the “Building GarageParking Lot”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided). The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except usage rights with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking ChargeSpaces will commence on May 1, all tenant parking 2010 and will conclude on the termination date of the Lessee’s lease of the Additional Area in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge accordance with this Addendum (hereinafter: the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement License Period”). The total amount of Parking Charges for Notwithstanding the Permits abated during foregoing, it is hereby agreed between the Parking Charge Abatement Period shall equal $0.00 (parties that the “Abated Parking Charges”). If Tenant Defaults Lessor will be entitled to cancel, at any time during the TermLicense Period, the usage rights with respect to one Parking Space out of the Parking Spaces, in its excusive judgment, and any extension thereofafter issuing notice regarding the foregoing to the Lessee (hereinafter: the “Notice”). In the event that the Notice has been given, the Lessee will vacate and will cease all use of the Parking Spaces within 14 days after the provision of the Notice.
13.2. It is hereby clarified that the Parking Fees which will be paid with respect to the Parking Spaces, as specified below, will be paid with respect to the right to use the Parking Spaces only, and Tenant fails not for security or the provision of other services to cure such Default within the Lessee and/or for the vehicles which will park in the Parking Spaces. By signing this Addendum, the Lessee affirms that it is aware that the Lessor does not provide security services of any applicable cure period under kind in the Lease, all Abated Parking Charges shall immediately become due and payablelot. The Lessee hereby exempts the Lessor from any responsibility to provide security for the vehicles which will park in the Parking Spaces, and all future rights the provisions of Tenant the Bailees Law, 5727-1967, will not apply to this Addendum.
13.3. It is hereby agreed that the Lessor will be entitled to modify, from time to time, and in its exclusive judgment, the location of the Parking Spaces, and the Lessee will have no claim and/or demand and/or suit with respect to the Abated modification of the location of the aforementioned Parking Charges shall Spaces.
13.4. The Lessee will bear all taxes and fees which apply to the Parking Spaces, if any, including and without derogating from the foregoing, the payments of municipal taxes with respect to the Parking Spaces.
13.5. The Lessee and/or its representatives undertake to fulfill all instructions issued by the Lessor and/or by any other party on its behalf with respect to the management and operation of the Parking lot, parking and traffic arrangements in the Parking lot, etc. — including instructions which will be null posted, from time to time, in the Parking lot, through signs and/or by any other means.
13.6. For the avoidance of doubt, the Lessor and/or any representatives thereof and/or any entity and/or person employed by it and/or operating on its behalf will not be liable for any harm, theft, damage, loss or destruction, of any kind whatsoever, and/or for any reason whatsoever, which has been caused to the Lessee and/or to any other party on its behalf, to a vehicle and/or to any other person or property in the area of the Parking lot.
13.7. With respect to the use of each one of the 3 Parking Spaces, the Lessee will pay to the Lessor a total of NIS 220 per month (i.e., 220X3), with this amount being linked to the consumer price index (general index) which was published with respect to June 2008 (108.8 points, 2002 base), and void and with the addition of no further force or effectduly payable VAT. The Parking Fees will be paid in advance with respect to each quarter during the License Period, on the first business day of each quarter, as stated above, through a letter of permission to charge the Lessee’s account, which has been furnished to the Lessor in accordance with the provisions of the Lease Agreement.
13.8. The payment by Tenant of Parking Fees, as specified in subsection 13.7 above, shall not derogate from any other charge and/or payment which is owed to the Lessor with respect to the Lease and/or use and/or any other undertaking of the Abated Lessee in connection with additional areas and/or Parking Charges Spaces in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeasePark.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (CollPlant Holdings Ltd.), Lease Agreement (CollPlant Holdings Ltd.)
Parking. A. i. During the Term, Tenant shall have the right to lease from Landlord, and Landlord shall make available lease to Tenant, provided Tenant is not in default under this Lease, throughout or cause the Term Seven (7) parking permits operator (the “PermitsOperator”) of the surface parking lot serving the Building (the “Parking Facilities”) to allow access lease to Tenant, nine (9) unreserved parking spaces in the parking garage located at the Property Parking Facilities (the “Building GarageSpaces”) which is used in connection with for the operation use of the BuildingTenant and its employees. Of said Seven (7) Permits granted to Tenant, each The Spaces shall be standard unreserved. In consideration thereforleased at the rate of $190.00 per unreserved Space, Tenant will pay per month, as such rate may be adjusted from time to Landlord as Additional Rent and with each installment of Base Rent due under time (but no more than one (1) time per twelve (12) month period during the Lease, Term) to reflect the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and then current rate for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will Parking Facilities, which such rate shall be consistent with parking rates at comparable surface parking lots in the Seaport District in Boston, Massachusetts (the “Seaport District”). If requested by Landlord, Tenant shall execute and deliver to Landlord the standard parking agreement used by Landlord or the Operator in the Parking Facilities for such Spaces.
ii. No deductions or allowances shall be made for days when Tenant or any of its employees does not utilize the parking facilities or for Tenant utilizing less than all of the Spaces. Tenant shall not have the right to lease or otherwise use more than the number of unreserved Spaces set forth above.
iii. Except for particular spaces and areas designated by Landlord or the Operator for reserved parking, all parking in the Parking Facilities shall be on a non-reservedan unreserved, first-first- come, first-serve served basis.
iv. Neither Landlord nor the Operator shall be responsible for money, jewelry, automobiles or other personal property lost in or stolen from the Parking Facilities regardless of whether such loss or theft occurs when the Parking Facilities or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Parking Facilities or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Spaces shall be at the sole risk of Tenant and its employees.
v. Landlord or its Operator shall have the right from time to time to designate the location of the Spaces and to promulgate reasonable rules and regulations regarding the Parking Facilities, the Spaces and the use thereof, including, but not limited to, rules and regulations controlling the flow of traffic to and from various parking areas, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply with all such rules and regulations and all reasonable additions and amendments thereto of which Tenant is given prior written notice.
vi. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Parking Facilities or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Parking Facilities overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile.
vii. Landlord or the Operator shall have the right to temporarily close the Parking Facilities or certain areas therein in order to perform necessary repairs, maintenance and improvements to the Parking Facilities. Landlord shall use commercially reasonable efforts to return the affected portion of the Parking Facility to its full use as quickly as reasonably possible.
viii. Tenant shall not assign, sublease or transfer any of its rights under this Section 1 without the consent of Landlord, other than in connection with a Permitted Transfer pursuant to Article 11 of the Lease.
ix. Landlord may elect to establish provide parking zones in the Building Garage and if Landlord so elects, the Permits may be issued cards or keys to specifically identified vehicles and control access to the Parking Charge may relate to specified zone(s) as determined by LandlordFacilities. If In such event, Landlord implements a system whereby only specifically identified vehicles are granted Permitsshall provide Tenant with one card or key for each Space that Tenant is leasing hereunder, other vehicles provided that Landlord shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves have the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage require Tenant or its employees to provide special requirements for weekend, holiday place a deposit on such access cards or after hours usage keys and to temporarily close the Building Garage, pay a fee for any lost or portions thereof to make such repairs damages cards or alterations as Landlord may deem appropriatekeys.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Parking. A. Landlord Subject to the terms of the Prime Sublease, Sublessor shall make available offer to Tenantgive up any lease rights it may have to up to five (5) parking spaces in the parking lot(s) in or adjacent to the Building, based on availability at time of request, provided Tenant is that (i) Sublessor shall not in default under this Leasebe a party to any lease of parking spaces by Sublessee, throughout the Term Seven as any lease shall be solely between Sublessee and Landlord (7) or its parking permits garage operators), and Sublessor shall not have any responsibility (the “Permits”or make any warranty) to allow access Sublessee with respect to such spaces, (ii) any such lease of parking spaces shall be at Sublessee’s sole cost and expense, which shall be paid in accordance with the prevailing parking rates charged by the Landlord (or its parking garage operators), (iii) any relinquishment of rights to any parking spaces shall be conditioned on Sublessee’s agreement to lease such spaces from Landlord (or its parking garage operators), and (iv) Sublessor shall not be required to give up any parking spaces to the extent Sublessor would continue to have any payment or other obligations to the Landlord (or its parking garage operators) relating to any such spaces, unless Sublessee fully assumes in writing all such payment or other obligations and responsibilities. Sublessee agrees to indemnify and save harmless Sublessor from and against any liabilities, losses, damages, costs or expenses (including, but not limited to, attorneys’ fees and expenses) of any nature whatsoever which may be imposed upon, incurred by, or asserted against Sublessor by reason of or in connection with Sublessee’s use of the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved or parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriatespaces.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Sub Sublease Agreement, Sub Sublease Agreement (GWG Holdings, Inc.)
Parking. A. During the Term of this Lease, Landlord shall make licenses sixty-nine (69) parking spaces to Tenant. Tenant will pay Landlord the amount set forth in the Basic Terms for each unreserved space and each reserved space that Tenant decides to reserve as Additional Rent at the same time, place and manner as Basic Rent. Landlord and Tenant acknowledge that Landlord anticipates that the Unreserved and Reserved Spaces will be made available in the Parking Facility. Parking at the Parking Facility by Tenant is subject to the other provisions of this Lease and the provisions of the Amended and Restated Declaration Establishing Easements, Covenants and Restrictions for Parking Facilities recorded on September 1, 1998 as Document No. 19980582940 and any amendments thereto and rules and regulations promulgated thereunder ("Parking Declaration"). In any event, under no circumstances may Tenant's parking rights and privileges be transferred, assigned or otherwise conveyed separate and apart from Tenant's interest in this Lease. In no event will Master Lessor or Landlord be liable for any loss, damage or theft of, to or from any vehicle at the Project or given parking rights in accordance with this section, and Tenant releases any Claim therefor, and, as to Tenant, Tenant's employees, licensees or invitees, will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold the Landlord Parties harmless against any Claim therefor or in connection therewith. "Unreserved Spaces" mean vehicular parking spaces located in the Parking Facilities provided Tenant is for the Building which are not in default under this Lease, throughout designated for the Term Seven (7) parking permits (the “Permits”) to allow access exclusive use of a specific tenant or for use by visitors to the parking garage located at Property, as the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits same may be issued relocated or redesignated from time to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined time by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted "Reserved Spaces" means vehicular parking spaces located in the Building Garage, to change the parking system facilities provided for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration which are designated for the Permits, Tenant covenants and agrees to pay to Landlord during the Termexclusive use of a specific tenant, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal same may be relocated or redesignated from time to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against time by Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (ECC Capital CORP)
Parking. A. Landlord shall make available According to the Lessor’s plans, the project will include an internal roads system for the use of the project’s tenants and their guests in which the entrance, the driving and the parking arrangements will be set by the Lessor and/or the service firm. The project will also include indoor covered parking spaces that will be primarily intended for the project’s units tenants use (hereinafter “The covered parking”); (hereinafter “The covered parking” will be called the “parking areas”). The parking arrangements in the parking areas will be dictated by the Lessor and/or the service firm. The Lessor may assign vehicles entrance permits to the project’s area based on a calculated scale that he will determine and that may change from time to time. This plan can be altered and does not bind the Lessor.
a. The Lessor is entitled to run the project’s parking areas or order that the parking areas be managed by a service firm or by a body that he deems fit.
b. The Lessor and/or the operating body, as applicable, will fix the parking’s rights and terms in the parking areas. The Lessor will offer the Tenant, provided Tenant is as part of the lease in this Agreement and by a scale fixed by the Lessor as detailed in the Appendix of changes in this Agreement, for his use in the framework of the parking areas. The assignment of parking lots will not in default under this Lease, throughout be on the Term Seven (7) parking permits (basis of assignment of specific places but on the “Permits”) to allow access basis similar to the method of exclusive assignment to vehicles with subscription rights. However, the Lessor and/or the operating body may assign the use of specific parking garage located lots at their discretion and prevent the Property (Tenant from using the “Building Garage”) which is used in connection with spaces they allocated for f special use, to the public or other needs, as it deems fit.
c. Whether the parking areas be maintained and operated by a service firm or otherwise – the costs deriving from the maintenance and operation of the Buildingparking areas will be calculated separately from the said services costs set in the services agreement. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, The Tenant will pay share the maintenance and operating costs of the parking areas, including, without derogating the aforementioned, municipal taxes, insurance, equipment, electricity, cleaning, guarding and others, according to Landlord the number of places as Additional Rent and with each installment fixed in Appendix a1, divided by the total number of Base Rent due under parking lots in the Lease, the Parking Charge (hereinafter defined) hereinafter providedparking area. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage maintenance sum will be on a non-reservedpaid to the Lessor or to the operating body or the service firm, first-come, first-serve basis. Landlord may elect as applicable and according to establish the notice of the Lessor to the Tenant from time to time at the Lessor’s discretion.
d. The provisions of this section will not diminish the Lessor’s right and/or whoever represents him to manage the parking zones in the Building Garage areas and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system arrangements, and to fix and/or change the entrance arrangements to the project’s area and the circulation in it and all in the way and the conditions that will find fit, provided that it will not cause damage or change clauses detailed in the Agreement supplement. In exchange for the Building Garage to provide special requirements for weekendparking’s use, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations Tenant will pay the Lessor fees as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term detailed in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthAgreement supplement. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of In any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term case of the Lease’s termination or its cancellation, beginning with as applicable, the Commencement Date (the “Parking Charge Abatement Period”)right of parking use will be cancelled automatically. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant This Agreement’s provisions applying to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant Tenancy will also apply to the provisions of this Leaseparking.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Mobileye N.V.), Lease Agreement (Mobileye N.V.)
Parking. A. During the Term, Tenant may use the number of spaces specified in Section 1.1(12) for parking at the rates specified in Section 1.1(12). In the event Tenant fails at any time to pay the full amount of such parking charges, until the delinquent amount is paid Tenant’s parking rights may be reduced to the extent of Tenant’s failure to pay for any such parking. The locations and type of parking (including, without limitation, valet parking, if any) shall be designated by Landlord or Landlord’s parking operator from time to time. All of the spaces shall make available be unreserved spaces (other than the Building Spaces) and shall be located within the Aquatic Park Center in either parking lots or structured parking garages (other than the Building Spaces). Tenant acknowledges and agrees that the parking spaces serving the Project may include tandem or valet parking and a mixture of spaces for compact vehicles as well as full-size passenger automobiles, and that Tenant shall not use parking spaces for vehicles larger than the striped size of the parking spaces. All vehicles utilizing Tenant’s parking spaces shall prominently display identification stickers or other markers, and/or have passes or keycards for ingress and egress, as may be required and provided by Landlord or its parking operator from time to time. Tenant shall comply with any and all parking rules and regulations from time to time established by Landlord or Landlord’s parking operator, including a requirement that Tenant pay to Landlord or Landlord’s parking operator a charge for loss and replacement of passes, keycards, identification stickers or markers, and for any and all loss or other damage caused by persons or vehicles related to use of Tenant’s parking spaces. Tenant shall not allow any vehicles using Tenant’s parking spaces to be parked, provided Tenant loaded or unloaded except in accordance with this Section, including in the areas and in the manner designated by Landlord or its parking operator for such activities. If any vehicle is not using the parking or loading areas contrary to any provision of this Section, Landlord or its parking operator shall have the right, in default addition to all other rights and remedies of Landlord under this Lease, throughout to remove or tow away the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage vehicle without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge the cost thereof shall be paid monthly in advance as hereinabove providedto Landlord within ten (I 0) days after notice from Landlord. A pro rata portion of To the extent Landlord continues to have such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term technology available in the event Common Areas, Landlord shall keep all EV charging stations located in the parking areas that serve the Premises as of the Commencement Date occurs on a date other than in good condition, repair and working order throughout the first day Tenn. The cost of a calendar month, all such maintenance and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge repair shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured included in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseOperating Expenses.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use Areas servicing the Building Garage without the Landlord’s prior written consent. as shall be designated by Landlord reserves the right upon written notice posted in the Building Garage, from time to change the time for unreserved parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close tenants of the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Building. Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month abide by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all reasonable modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Areas by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding, and (ii) for cooperate in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord (and/or any other owners of the Lease Term in Project) specifically reserve the event right to change the term hereof expires size, configuration, design, layout, location and all other aspects of the Parking Areas (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to 45 GENESIS 1900 ALAMEDA time, temporarily close-off or restrict access to the Parking Areas so long as the same does not (other than on a date other temporary basis of less than one (1) week) reduce the last day number and availability of parking spaces available to Tenant under this Lease. Landlord may delegate its responsibilities hereunder to a calendar month. Tenant’s obligation to pay parking operator (the “Parking Operator”) in which case the Parking Charge Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within thirty (the “Parking Charge Abatement Period”)30) days after ▇▇▇▇▇▇▇▇’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by ▇▇▇▇▇▇’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator) from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout From and after the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Commencement Date, Tenant will pay shall have the ongoing right, but not the obligation, to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge purchase up to thirty (hereinafter defined30) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect permits to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking park automobiles in the Building Garage will be garage on an unassigned self-park (or executive valet) basis (as designated by Landlord from time to time) at the prevailing monthly rates established by Landlord or its parking operator from time to time, but in no case more than the fair market monthly rate being charged for comparable nearby garages. In addition, Tenant may purchase additional parking permits for unassigned self-parking (or executive valet parking), on a nonmonth-reservedto-month basis, first-comeas available, first-serve basisat the prevailing monthly rates established by Landlord or its parking operator from time to time, but in no case more than the fair market monthly rate being charged for comparable nearby garages. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Transfers of permits purchased hereunder shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted except in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantaccordance with, and such Parking Charge shall in all respects be paid monthly in advance as hereinabove provided. A pro rata portion subject to, the terms of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term 10 of the Lease, beginning . Tenant shall comply with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said parking rules and regulations from time to time established by Landlord or Landlord’s parking operator, including a requirement that Tenant pay to Landlord or Landlord’s parking operator a charge for loss and replacement of passes, keycards, identification stickers or markers, and for any and all loss or other damage caused by persons or vehicles related to use of Tenant’s parking privileges. Notwithstanding anything to the Building Garage at contrary in the sole cost foregoing, unless otherwise expressly directed by Landlord, Tenant shall pay all amounts due under this Section 3 of the Rider directly to Landlord’s parking operator and expense of Tenant and without liability for damages resulting therefromnot as additional Rent under the Lease.
Appears in 2 contracts
Sources: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7a) parking permits (the “Permits”) to allow access to the parking garage located at Parking on the Property (the “Building Garage”) which is used in connection with the operation provided generally to tenants of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, -first-serve served basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during During the Term, Landlord shall provide at least the same number of visitor parking spaces as Additional Rent thereunderare currently provided for the Building. Tenant and Tenant’s Occupants shall have the non-exclusive right (together with other tenants of the Building) without charge, other than as contemplated by Paragraph 5 with respect to Operating Expenses, to use a number of parking charge (stalls located on the “Parking Charge”) Property equal to the sum Tenant’s Parking Stall Allocation only, and shall not use a number of $0.00 per month for each Permit issued parking stalls greater than Tenant’s Parking Stall Allocation (excluding de minimis, occasional excess use), unless prior consent has been given by Landlord; provided, however, that as part of Tenant’s Parking Stall Allocation, Landlord shall provide to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the ▇▇▇▇ with appropriate signage (iat Tenant’s cost), ten (10) first partial calendar month of the Lease Term reserved, covered parking stalls at no other additional cost in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in parking structure serving the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasemutually acceptable location.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense (b) Automobiles of Tenant and without liability Tenant’s Occupants shall be parked only within parking areas not otherwise reserved by Landlord or specifically designated for damages resulting therefromuse by any other tenant or occupants associated with any other tenant. Landlord and Landlord’s employees, agents or contractors may cause to be removed any automobile of Tenant or Tenant’s Occupants that may be parked wrongfully in a prohibited or reserved parking area, provided that such prohibited or reserved parking area is adequately marked with signs placed in reasonable locations. Each Building lease shall contain limitations on parking substantially similar to those contained in this Paragraph 19.1, and Landlord shall diligently enforce such limitations in a nondiscriminatory manner.
Appears in 2 contracts
Sources: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)
Parking. A. (a) Tenant’s Invitees are authorized to use Tenant’s Parking Allocation (as set forth in the Summary of Basic Terms). Landlord represents to Tenant that Landlord has rights in Parking Garage A consistent with Tenant’s rights under this Section, as provided for in the Declaration. Tenant shall make available pay to Tenantor at the direction of Landlord a monthly parking charge, provided in addition to Base Rent, for each parking space that Tenant is not authorized to use based on the fair market charge for similar spaces in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation market area of the Building. Of said Seven (7) Permits granted to TenantProject, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined and adjusted by LandlordParking Garage A Owner from time to time. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Tenant shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month permit any of Tenant’s Invitees (other than visitors) to park in spaces designated as “visitor” spaces, (ii) permit any of Tenant’s Invitees to park in spaces designated as “reserved” spaces (unless reserved for Tenant), (iii) permit the total number of passenger automobiles parked in Parking Garage A by Tenant’s Invitees, at any time, to exceed the number specified in Item 8 of the Lease Term Summary of Basic Terms, (iv) permit any passenger vehicles of Tenant’s Invitees to park in the event the Commencement Date occurs on a date any Parking Areas other than the first day of a calendar monthParking Garage A, and (iiv) except for delivery trucks using designated loading and unloading facilities, permit any of Tenant’s Invitees to park any vehicle on the Project other than passenger automobiles. Landlord and/or Other Landlords may, from time to time, designate one or more spaces in Parking Garage A as reserved for the last partial calendar month exclusive use of one or more of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section tenants of the Lease to the contraryProject and/or for Landlord’s and/or Other Landlords’ Invitees, so long as Landlord causes to be available to Tenant the parking required by this Section.
(b) Landlord assigns to Parking Garage A Owner any and all right, title and interest with respect to the parking charges for the parking spaces that Tenant is not in Default under this Lease, Tenant shall be entitled authorized to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date use (the such parking charges being called “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Tenant’s Parking Charges”). If Landlord hereby directs Tenant Defaults at to pay Tenant’s Parking Charges to Parking Garage A Owner or to an operator of Parking Garage A designated by Parking Garage A Owner (an “Operator”), which payments shall satisfy Tenant’s obligations under this Lease with respect to Tenant’s Parking Charges as if they had been made directly to Landlord. Tenant acknowledges that Landlord has assigned to Parking Garage A Owner any time during the Termand all right, title and interest with respect to Tenant’s Parking Charges, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated shall pay Tenant’s Parking Charges shall immediately become due and payable, and all future rights of Tenant to Parking Garage A Owner or the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseOperator when due.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Genocea Biosciences, Inc.), Lease Agreement (Genocea Biosciences, Inc.)
Parking. A. Landlord During the Term, Tenant shall make available to Tenantlease from Landlord, provided at a minimum, 1.54 parking stalls for each 1,000 square feet of Rentable Area of the Premises for use by Tenant is not and its employees, guests and visitors. All such stalls shall be located on the Property or in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ and shall be leased by Tenant at the Property monthly rate of $100.00 for each stall during the first Lease Year, which rate shall increase on each annual anniversary thereafter at the rates set forth for increases to Monthly Base Rent as set forth in Section 1.1(8) above. Tenant may lease from Landlord, subject to availability, up to a maximum of 3.00 parking stalls for each 1,000 square feet of Rentable Area of the Premises. Landlord shall first endeavor to provide such additional parking stalls in the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ garage, to the extent stalls in such garage are available and not committed to other tenants of the Aquatic Park Center Campus pursuant to a binding lease agreement. In addition, in the event Tenant elects to lease more than the minimum amount of stalls (the “Building Garage”i.e., 1.54 per 1,000) which is used in connection and if providing Tenant with the operation ability to effectively use such additional stalls will require Landlord to institute valet services, off-site parking or other measures due to stalls in the 710 Heinz Avenue garage being committed to other tenants of the BuildingAquatic Park Center Campus pursuant to binding leases, then Tenant shall reimburse Landlord, as additional Rent hereunder, within ten (10) days of demand therefor for all costs actually incurred by Landlord in order to secure and provide such additional parking services and availability, which costs shall not include (i) costs of a capital nature, unless amortized as provided in the definition of Operating Expenses, or (ii) expenses or acquisition costs related to the construction or acquisition of additional parking areas. Of said Seven (7) Permits granted In the event Tenant fails at any time to Tenantpay the full amount of any such parking charges or reimbursements, each then in addition to all other remedies available to Landlord hereunder, ▇▇▇▇▇▇’s parking rights shall be standard unreservedreduced to the extent of Tenant’s failure to pay for the same. In consideration thereforThe locations and type of parking shall be designated by Landlord or Landlord’s parking operator from time to time, provided that in no event shall Tenant will be required to use valet or off-site parking if the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ garage have parking stalls that are not committed to other tenants within the Aquatic Park Center Campus pursuant to a binding lease. Tenant acknowledges and agrees that the parking stalls serving the Project may, subject to the other provisions of this Section 2.5, include tandem and/or valet parking and a mixture of stalls for compact vehicles as well as full-size passenger automobiles, and that Tenant shall not use parking stalls for vehicles larger than the striped size of the parking stalls. All vehicles utilizing Tenant’s parking privileges shall prominently display identification stickers or other markers, and/or have passes or keycards for ingress and egress, as may be required and provided by Landlord or its parking operator from time to time. Tenant shall comply with any and all parking rules and regulations from time to time established by Landlord or Landlord’s parking operator, including a requirement that Tenant pay to Landlord as Additional Rent or Landlord’s parking operator a charge for loss and replacement of passes, keycards, identification stickers or markers, and for any and all loss or other damage caused by persons or vehicles related to use of Tenant’s parking privileges. Tenant shall not allow any vehicles using Tenant’s parking privileges to be parked, loaded or unloaded except in accordance with each installment this Section, including in the areas and in the manner designated by Landlord or its parking operator for such activities. If any vehicle is using the parking or loading areas contrary to any provision of Base Rent due this Section, Landlord or its parking operator shall have the right, in addition to all other rights and remedies of Landlord under the this Lease, to remove or tow away the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage vehicle without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge the cost thereof shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the to Landlord within ten (i10) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against days after notice from Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.)
Parking. A. During the Term and any renewals thereof, the Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access rent to the Tenant up to three (3) unreserved parking garage located at the Property (the “Building Garage”) which is used spaces in connection with the operation of the Building. Of said Seven 's underground parking facilities at a cost of Fifty Dollars (7$50.00) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysper space per month, and Holidays. Except with respect up to any limited reserved fifty-four (54) unreserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking spaces in the Building Garage will be on Building's surface parking facilities at a noncost of Thirty-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(sFive Dollars ($35.00) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during per space per month throughout the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge which rates shall be paid monthly in advance as hereinabove providedcapped throughout the Term. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, The Tenant shall be entitled to an abatement of Parking Charges for the Permits additional thirty (30) parking stalls in the amount surface parking area at a cost of Thirty Five Dollars ($0.00 35.00) per month for space per month, based upon availability. All parking charges shall be subject to all applicable taxes which shall be paid by the full Term of Tenant to the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for Landlord shall have the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults right at any time during the Termto substitute forty (40) surface parking spaces with forty (40) underground parking spaces, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant provided they are rented to the Abated Tenant at the same rate as the surface parking. Parking Charges charges are for the use of the said parking spaces only and the Landlord shall not be responsible for any theft, loss or damage to the Tenant's vehicles whatsoever, or for any injury to the Tenant or others in the underground parking garage. The use by the Tenant and the Tenant's agents, employees, invites, licensees and others doing business with the Tenant, of the unreserved surface parking space located on the Common Outside Areas and Facilities shall not at any time exceed or be disproportionate to the Tenant's Proportionate Share of the Total Rentable Area of the Building, without the prior written approval of the Landlord, which approval may be arbitrarily withheld. No propane-powered vehicles shall be null permitted in the underground or surface parking areas of the Building and void and of no further force or effectthe complex known as the Airway Centre. The payment by Tenant of Landlord shall have the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant right to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, establish reasonable Rules and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations Regulations governing the use of the Building Garage, including but not limited parking spaces from time to time and the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition Tenant hereby agrees to any other remedies provided hereunder, to terminate the Permits observe and tow any vehicles which are in violation of said rules abide by all such Rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromRegulations.
Appears in 2 contracts
Sources: Lease Agreement (Hostopia.com Inc.), Lease Agreement (Hostopia.com Inc.)
Parking. A. Tenant shall rent from Landlord, commencing on the Commencement Date, the number of unreserved parking passes set forth in Section 1(I) of the Basic Lease Provisions, which parking passes shall pertain to the Project parking facility. Tenant shall pay to Landlord for automobile parking passes [***]. In addition, Tenant shall make available be responsible for the full amount of any taxes imposed by any governmental authority in connection with the renting of such parking passes by Tenant or the use of the parking facility by Tenant. Tenant's continued right to use the parking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, including any sticker or other identification system established by Landlord, Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations, provided and Tenant is not being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the size, configuration, design, layout and all other aspects of the Project parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage facility at any time and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants acknowledges and agrees that Landlord may, without incurring any liability to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum Tenant and without any abatement of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, from time to time, relocate any reserved parking spaces (if any) rented by Tenant shall be entitled to an abatement of Parking Charges for the Permits another location in the amount of $0.00 per month for the full Term Project parking facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the Lease, beginning with parking facility in which case such parking operator or lessee shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes rented by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 23 are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or at law otherwise alienated by Tenant without Landlord's prior approval. Tenant may validate visitor parking by such method or in equity. During methods as the Parking Charge Abatement PeriodLandlord may establish, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromvalidation rate from time to time generally applicable to visitor parking.
Appears in 2 contracts
Sources: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Parking. A. At no additional rent or other charges to Tenant hereunder (except as otherwise expressly set forth in Section 6.2 of this Lease or the penultimate sentence of this Section 7.6), Landlord shall make available to Tenant, provided provide Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation fifty percent of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited all reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge spaces (the “Parking ChargeGarage Spaces”) equal to available in the sum parking garage of $0.00 per month the Building (the “Parking Garage”) for each Permit issued to use by Tenant’s employees, agents and such Parking Charge shall be paid monthly in advance as hereinabove invitees; provided. A pro rata portion , however, the number of such Parking Charge Garage Spaces shall not be payable for the less than five (i5) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured rounded up to the extent there is an odd number of total parking spaces available). Landlord shall have no obligation to provide parking spaces to Tenant in like manner as is addition to the number of parking spaces indicated in this Section 7.6, and any additional spaces Landlord elects in its sole discretion to lease to Tenant shall be subject to availability and at one hundred percent (100%) of the then current market rate. Tenant shall have vehicular access to the Parking Garage twenty-four (24) hours a day, seven (7) days a week. Landlord shall provide to Tenant at no cost to Tenant a transponder for each of Tenant’s obligation Parking Garage Spaces which will permit Tenant’s employees entry to pay Rentand from the Parking Garage. Default Any additional or replacement transponders will be purchased by Tenant at the then current Building standard charge, which is currently $100.00 per transponder. Landlord shall provide, throughout the term of this Lease, lighting in the payment Parking Garage in accordance with standards for a structured parking structure for a Class A office building. Tenant shall have the right, at Tenant’s sole cost and expense, to double stack cars so as to increase Tenant’s allocable number of Parking Garage Spaces, provided that (1) such double stacking shall be permitted by, and at all times in accordance with, all applicable legal requirements; (2) Tenant obtains all necessary governmental and regulatory approvals for such double stacking; (3) Tenant shall comply with all of Landlord’s reasonable rules and regulations adopted from time to time with respect thereto provided no such rules or regulations shall be enforced in a discriminatory fashion against Tenant or adversely impact Tenant’s rights hereunder; (4) such double-stacking shall not impede ingress to or egress from the Parking Charge Garage; and (5) Tenant shall, at its sole cost and expense , install, maintain and monitor any and all equipment required in connection with such double stacking of cars and any such installation shall be deemed to be a default an Alteration and shall be performed in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection full compliance with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, terms and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions conditions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Pershing Square Holdco, L.P.), Lease Agreement (Pershing Square Holdco, L.P.)
Parking. A. Tenant may park in the Building’s parking facilities (the “Parking Facility”), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9, Landlord shall make available not be liable to Tenant, nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or ether property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, its employees or invitees. Landlord may alter the size, configuration, design, layout or any other aspect of the Parking Facility without abatement of Rent or liability to Tenant provided that such alteration does not materially impair Tenant’s rights under this Section 24. In addition, for purposes of facilitating any such alteration, Landlord may temporarily deny or restrict access to the Parking Facility, without abatement of Rent or liability to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) that Landlord uses commercially reasonable efforts to make reasonable substitute parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted available to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect delegate its responsibilities hereunder to establish a parking zones operator, in which case (i) such parking operator shall have all the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking spaces, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement the non-exclusive use of a minimum of three and 5/10ths (3.5) parking spaces for each one thousand (1,000) square feet of Rentable Area of the Leased Premises (“Tenant’s Parking Charges Allocation”), in the area designated for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning Building by Landlord. Tenant agrees to cooperate with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent Landlord and other costs and charges specified tenants in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garageparking facilities. In the event Tenant is determined to be overburdening the parking facilities, including Landlord shall be entitled (but not limited required) to the rules establishing time limits on the monitor or restrict use of said Permitsthe parking facilities at Tenant’s expense. If any other tenant or third party inhibits Tenant’s utilization of Tenant’s Parking Allocation, shall entitle Landlord will take all actions reasonably necessary to protect Tenant’s parking rights, at Landlord’s cost and expense. There will be no assigned parking unless Landlord, in addition its sole discretion, deems such assigned parking advisable. No vehicle may be repaired or serviced in the parking area and any vehicle brought into the parking area by Tenant, or any of Tenant’s employees, contractors or invitees, and deemed abandoned by Landlord will be towed and all costs thereof shall be borne by the Tenant. All driveways, ingress and egress, and all parking spaces are for the joint use of all tenants. There shall be no parking permitted on any of the streets or roadways located within the Park. In addition, Tenant agrees that its employees will not park in the spaces designated visitor parking. Tenant shall have twenty (20) dedicated visitor parking stalls (with visitor markings to any other remedies provided hereunderbe installed by Tenant, at Tenant’s cost, subject to Landlord’s reasonable approval), to terminate be closest to the Permits and tow any vehicles which are main entrance of the Building. These exclusive visitor stalls will be included in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtenant’s parking allocation.
Appears in 2 contracts
Sources: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)
Parking. A. During the Term, Tenant may use the number of spaces specified in Section 1.1 for parking at the standard prevailing monthly rates being charged from time to time by Landlord or its parking operator without regard to discounts provided to any other occupants of the Building or other buildings in the campus. In the event Tenant fails at any time to pay the full amount of such parking charges, Tenant’s parking rights shall make available be reduced to the extent of Tenant’s failure to pay for any such parking. The locations and type of parking shall be designated by Landlord or Landlord’s parking operator from time to time. Tenant acknowledges and agrees that the parking spaces serving the Project may include valet parking, tandem parking and a mixture of spaces for compact vehicles as well as full-size passenger automobiles, and that Tenant shall not use parking spaces for vehicles larger than the striped size of the parking spaces. All vehicles utilizing Tenant’s parking privileges shall prominently display identification stickers or other markers, and/or have passes or keycards for ingress and egress, as may be required and provided by Landlord or its parking operator from time to time. Tenant shall comply with any and all parking rules and regulations from time to time established by Landlord or Landlord’s parking operator, including a requirement that Tenant pay to Landlord or Landlord’s parking operator a charge for loss and replacement of passes, keycards, identification stickers or markers, and for any and all loss or other damage caused by persons or vehicles related to use of Tenant’s parking privileges. Tenant shall not allow any vehicles using Tenant’s parking privileges to be parked, loaded or unloaded except in accordance with this Section, including in the areas and in the manner designated by Landlord or its parking operator for such activities. If any vehicle is not using the parking or loading areas contrary to any provision of this Section, Landlord or its parking operator shall have the right, in default addition to all other rights and remedies of Landlord under this Lease, throughout to remove or tow away the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage vehicle without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge the cost thereof shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the to Landlord within ten (i10) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. days after notice from Landlord to Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Parking. A. Landlord shall make available to Tenant, provided Tenant is not allocated and shall have the non-exclusive right to use (without charge in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access addition to the Base Monthly Rent) no more than the number of parking garage located at spaces contained within the Property (described in paragraph 2.1 for its use and the “Building Garage”) use of its employees and invitees, the location of which is used may be designated from time to time by Landlord but shall be on the Property and within reasonable proximity to the Premises. Tenant shall not at any time use or permit its employees or invitees to use more parking spaces than the number so allocated to Tenant or to park or permit the parking of its vehicles or the vehicles of others in connection with the operation any portion of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Property not designated by Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisexclusive parking area. Landlord may elect shall not oversubscribe the parking within the Property, and shall assure that the total number of spaces committed to establish the non-exclusive use of all tenants of the Property shall not exceed the total number of spaces within the Common Area. Of the parking zones spaces allotted to Tenant pursuant to paragraph 2.1, Tenant shall have the right to designate a reasonable number of such spaces as reserved spaces for its executives, which shall not exceed ten percent (10%) of the total of spaces and which shall be in immediate proximity to the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by LandlordPremises. If Landlord implements grants to any other tenant the exclusive right to use any particular parking space(s), neither Tenant nor its employees or invitees shall use such spaces. Within ten (10) business days after written request therefor from Landlord, Tenant shall furnish Landlord with a system whereby only specifically identified vehicles are granted Permitslist of its and its employees vehicle license numbers and Tenant shall thereafter notify Landlord of any change in such list within five (5) days after each such change occurs. Tenant shall have the right, at Tenant's option, to provide its employees with stickers or other vehicles identification markers or tags to be affixed to or on the employees' automobiles or other vehicles, evidencing the right of such employees to use the parking areas. Such stickers shall be subject to prior review and approval by Landlord, which shall not be permitted unreasonably withheld or delayed. Tenant shall furnish to Landlord a list of identifying numbers for the stickers distributed from time to time by Tenant to its employees. If Tenant elects to use the Building Garage without the Landlord’s prior written consentsuch stickers as provided herein, Tenant shall not be obligated to furnish Landlord with a list of vehicle license numbers for its employees, for as long as Tenant maintains such sticker system of identification. Landlord reserves the right upon written notice posted in the Building Garageright, after having given Tenant reasonable notice, to change have any vehicles owned by Tenant or its employees or invitees utilizing parking spaces in excess of the parking system spaces allowed for the Building Garage Tenant's use to provide special requirements for weekend, holiday or after hours usage be towed away at Tenant's cost. All trucks and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge delivery vehicles shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month parked at the rear of the Lease Term Premises, (ii) loaded and unloaded in a manner which does not interfere with the event businesses of other occupants of the Commencement Date occurs on a date other than the first day of a calendar monthProperty, and (iiiii) for permitted to remain on the last partial calendar month of Property only so long as is reasonably necessary to complete loading and unloading. In the Lease Term event Landlord elects or is required by any Law to limit or control parking in the event the term hereof expires on a date Property, whether by validation of parking tickets or any other than the last day method of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsassessment, Tenant hereby waives on behalf of itself all claims, whether based on negligence agrees to participate in such validation or other grounds, against assessment program under such reasonable rules and regulations as are from time to time established by Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is such participation does not result in Default under this Lease, Tenant shall be entitled any increase in costs to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseTenant.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease (United Defense Lp), Lease (United Defense Lp)
Parking. A. Landlord (a) Provided that Tenant shall make available to Tenant, provided Tenant is not then be in default Default under the terms and conditions of this Lease, throughout and provided further, that Tenant shall comply with and abide by Landlord’s parking rules and regulations from time to time in effect, (i) Tenant shall have a license to use the Term Seven (7) parking permits (the “Permits”) to allow access to Parking Area for the parking garage located at of standard size passenger automobiles, pick-up trucks, vans, SUV’s, and Tenant-owned delivery vehicles the Property number of parking spaces set forth in the Basic Lease Information and (ii) Tenant shall have the “Building Garage”) which is used license to use, on a non-exclusive basis, for the parking of Tenant’s trucks and trailers, the areas designated from time to time by Landlord as truck and trailer parking areas; provided, however, that Landlord shall not be required to enforce Tenant’s right to use such parking spaces and parking areas, if any; and, provided further, that the number of parking spaces and parking areas allocated to Tenant hereunder shall be reduced on a proportionate basis in connection with the operation event any of the Building. Of said Seven parking spaces or other areas in the parking areas are taken or otherwise eliminated as a result of any Condemnation (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter providedor casualty event affecting such parking areas or any modifications made by Landlord to such parking areas. The Permits shall only be valid between the hours of 5:00 a.m. All unreserved spaces and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage other areas will be on a non-reserved, first-come, first-serve basis. served basis in common with other tenants of and visitors to the Project in parking spaces or other areas provided by Landlord may elect from time to establish parking zones time in the Building Garage Project’s parking areas. In the event Tenant is granted the use of exclusive and if designated parking spaces, as indicated in the Basic Lease Information, then such spaces shall be located in the area(s) designated by Landlord so electsfrom time to time. Tenant’s license to use the parking spaces or other areas provided for herein shall be subject to such terms, conditions, rules and regulations as Landlord or the operator of the parking areas may impose from time to time, including, without limitation, the Permits may imposition of a parking charge.
(b) If at any time Landlord shall make available to Tenant any parking area outside the Premises, then each vehicle, truck or trailer using such parking area shall, at Landlord’s option to be issued exercised from time to specifically identified vehicles time, bear a permanently affixed and the Parking Charge may relate visible identification sticker to specified zone(s) as determined be provided by Landlord. If Tenant shall not and shall not permit its Agents to park any vehicles in locations other than those specifically designated by Landlord implements a system whereby as being for Tenant’s use, including, without limitation, the parking of trucks and trailers only specifically identified in areas so designated by Landlord and in no other areas. The license granted hereunder is for self-service parking only and does not include additional rights or services. Neither Landlord nor Landlord’s Agents shall be liable for: (i) loss or damage to any vehicle or other personal property parked or located upon or within the Parking Area or elsewhere in the Project whether pursuant to this license or otherwise and whether caused by fire, theft, explosion, strikes, riots or any other cause whatsoever; or (ii) injury to or death of any person in, about or around the Parking Area or elsewhere in the Project or any vehicles are granted Permitsparking therein or in proximity thereto whether caused by fire, theft, assault, explosion, riot or any other cause whatsoever and Tenant hereby waives any claim for or in respect to the above and against all claims or liabilities arising out of loss or damage to property or injury to or death of persons, or both, relating to any of the foregoing. Tenant shall not assign any of its rights hereunder and in the event an attempted assignment is made, it shall be void.
(c) Tenant recognizes and agrees that visitors, clients and/or customers (collectively the “Visitors”) to the Premises must park automobiles or other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted only in the Building GarageParking Area.
(d) In the event any tax, surcharge or regulatory fee is at any time imposed by any governmental authority upon or with respect to change parking or vehicles parking in the parking system for the Building Garage spaces referred to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsherein, Tenant covenants and agrees to shall pay to Landlord during the Termsuch tax, surcharge or regulatory fee as Additional Rent thereunderunder this Lease, a parking charge such payments to be made in advance and from time to time as required by Landlord (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge except that they shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for with Base Rent payments if permitted by the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”governmental authority). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom(e) Intentionally Deleted.
Appears in 2 contracts
Sources: Warehouse/Industrial Lease Agreement, Warehouse/Industrial Lease Agreement (Corsair Components, Inc.)
Parking. A. Landlord Tenant shall make available be entitled to Tenantuse, provided Tenant is not commencing on the Commencement Date, the number of unreserved parking passes set forth in default under this LeaseArticle 1.J. of the Basic Lease Provisions, throughout the Term Seven (7) which parking permits (the “Permits”) to allow access passes shall pertain to the Project parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Buildingfacility. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees required to pay to Landlord any fee for such unreserved parking passes during the Terminitial Term of this Lease; however, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge Tenant shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable responsible for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out full amount of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of taxes imposed by any personal injuries sustained governmental authority in connection with the use of said Building Garage. Notwithstanding anything in this Section such parking passes by Tenant or the use of the Lease parking facility by Tenant. Tenant’s continued right to use the contraryparking passes is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the orderly operation and use of the parking facility where the parking passes are located, so long as including any sticker or other identification system established by Landlord, Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with such rules and regulations, and Tenant is not being in Default default under this Lease. Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Project parking facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of rent under this Lease, from time to time, close-off or restrict access to the Project parking facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord may, from time to time, relocate any reserved parking spaces (if any) used by Tenant shall be entitled to an abatement of Parking Charges for the Permits another location in the amount of $0.00 per month for the full Term Project parking facility. Landlord may delegate its responsibilities hereunder to a parking operator or a lessee of the Lease, beginning with parking facility in which case such parking operator or lessee shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes used by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 23 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseotherwise alienated by Tenant without Landlord’s prior approval.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Parking. A. Landlord 24.1 Tenant shall make available be allocated spaces in the Building’s parking facilities, at no charge to Tenant, provided in the ratio of four (4) spaces per one thousand (1,000) rentable square feet of leased Premises, inclusive of any reserved spaces granted to Tenant is not in default under by this LeaseLease or otherwise. Except for such reserved spaces, throughout Tenant shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of utilize the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved ’s parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be facilities on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in exclusive and unreserved basis with other tenants of the Building Garage for the parking of standard-sized passenger automobiles and if Landlord so elects, the Permits upon such terms and conditions as may from time to time be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined established by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in its absolute discretion to determine whether the parking facilities are becoming crowded and to allocate and to reserve and assign parking spaces among Tenant and the other tenants. If Landlord, in its reasonable discretion, grants to any other tenant of the Building the exclusive right to use any particular parking spaces, then neither Tenant nor its employees or visitors shall use such spaces. Landlord shall not be responsible to enforce reserved parking; however, Landlord shall clearly ▇▇▇▇ all reserved spaces. Tenant shall not use parking areas for the servicing or overnight storage of vehicles. Tenant shall not assign, sublet or transfer any rights with respect to the parking facilities. Landlord reserves the right to institute either a valet parking system or a self-parking system. It is understood and agreed that Landlord assumes no responsibility, and shall not be held liable, for any damage or loss to any automobiles parked in the Building Garageparking facilities or to any personal property located therein, to change or for any injury sustained by any person in or about the parking system for facilities. Landlord reserves the Building Garage right to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, parking facilities during periods of unusually inclement weather or portions thereof to make such repairs or alterations as for repairs. Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant be liable to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, Tenant and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to not be affected if any parking rights hereunder are impaired by any Law imposed after the provisions of this LeaseLease Commencement Date.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease Agreement (Wells Real Estate Fund Xi L P), Office Lease Agreement (Wells Real Estate Fund Xi L P)
Parking. A. Landlord shall make available Tenant will have the right to Tenantutilize it’s pro-rata share of the parking spaces in the project’s parking structure and in the surface parking lots at no cost during the initial Lease Term and any extensions, provided Tenant is not including up to 10 reserved spaces in default under this Lease, throughout a location that includes the Term Seven (7) parking permits (the “Permits”) to allow access ten closest spaces to the entry door into the Building from the covered garage that were assigned to Tenant pursuant to the Original Lease. Throughout the Term, Tenant and/or its employees shall have the right, without additional cost, to park their automobiles in the surface and garage parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of areas provided for the Building. Of said Seven (7) Permits granted to Tenant, each Such parking spaces shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be available on a non-reserved, first-come, first-serve basis. Landlord may elect served basis (except as otherwise provided above), subject, however, to establish parking zones in the rights of any other tenant of the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) park automobiles in reserved parking spaces as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentprovided in its lease. Landlord reserves the right upon written notice posted in the Building Garageright, at any time or from time to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord time during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to control access to the sum surface and garage parking areas, by use of $0.00 per month for each Permit issued mechanical or electric devices or otherwise, to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month tenants of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding and their employees, and provided that Landlord shall reserve at least twelve (ii12) parking spaces for the last partial calendar month parking for visitors of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthBuilding. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid PermitsIf, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, Landlord implements a controlled access system for the Building parking areas, Tenant shall have the right without additional cost, to use unassigned parking spaces in the structured parking and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to surface parking lots on a pro-rata basis based on the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant square footage of the Abated Parking Charges in the event of a Default shall not limit or affect Leased Premises. Neither Tenant nor any of Landlord’s its employees shall use any of the parking facilities for storage of vehicles (or any other rights, pursuant to this Lease item such as boats or at law trailers) or park its or their automobiles in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use any portion of the Building Garage, including but not limited parking areas reserved for visitor or handicapped parking or for parking of automobiles belonging to other tenants of the rules establishing Building. Tenant shall cause its employees to abide by any parking reservation system implemented from time limits on to time by Landlord. Any failure to abide by the use of said Permits, parking restrictions implemented by Landlord shall entitle Landlord, in addition Landlord to any other remedies provided hereunder, to terminate have the Permits and tow any vehicles which are parked in violation of said rules and regulations from the Building Garage restrictions towed away at the sole cost risk and expense of Tenant and without liability for damages resulting therefromthe vehicle owner.
Appears in 2 contracts
Sources: Lease Agreement (Comscore, Inc.), Lease Agreement (Comscore, Inc.)
Parking. A. Landlord (a) During the term, Tenant shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven be allocated Forty-Two (742) parking permits spaces at no additional charge. Twelve (12) of these spaces shall be guaranteed but unassigned in lots C, D and E as designated in Exhibit A, six (6) of these spaces shall be on the “Permits”top floor of the garage as designated on Exhibit A, and the balance of the spaces will be unassigned and located in the lower rear lots (G, H, K, L and M) as shown in Exhibit A. Visitor parking is available for Tenant’s business invitees. Tenant will not park in posted spaces assigned to allow access other tenants or reserved for visitor parking. All parking spaces are for the use of the Tenants employees and invitees. There shall be no overnight parking of vehicles.
(b) Tenant understands and agrees that Landlord will not be responsible for, and will not incur any Liabilities to Tenant or its Affiliates with respect to, and Tenant waives and assumes the risk of, any acts or omissions occurring within the parking garage located at the Property areas or any entrances and exits thereto or therefrom (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day negligent or willful acts or omissions of a calendar monthLandlord or its Affiliates), and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsincluding, Tenant hereby waives on behalf of itself all claimswithout limitation, whether based on negligence any injuries, death, or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles cars or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereofproperty, and Tenant fails will not name Landlord or its Affiliates, or bring any actions of any kind against them, in connection therewith or as a result thereof.
(c) Tenant may not sublease, assign or otherwise Transfer any parking rights except to cure a permitted assignee or sublessee as part of such Default within any applicable cure period under the Leasepermitted assignment or sublease. In addition to Landlord’s rights as set forth in Section 15.1, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant Landlord may: limit access to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant portions of the Abated Parking Charges in parking areas; change signs, lanes and the event direction of a Default shall not limit traffic within the parking areas; change, eliminate or affect add parking spaces or areas devoted to parking; designate the area (or space) within which each authorized automobile may be parked and change any such designation from time to time; establish alternative means of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, identifying and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the controlling authorized parking; promulgate rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle regulations; construct additional and/or structured parking; and take any other actions deemed necessary by Landlord, provided that Tenant’s authorized parking spaces will not be reduced nor will Tenant be charged for parking over and above its share of Taxes and Operating Costs related thereto (unless Landlord otherwise specifically agrees in addition to any other remedies provided hereunder, to terminate the Permits a writing signed by Landlord and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromTenant).
Appears in 2 contracts
Sources: Consent to Sublease (Sige Semiconductor Inc), Consent to Sublease (Sige Semiconductor Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not its employees, and vendors must park in default under this Lease, throughout the Term Seven Hotel parking structure located adjacent to the Hotel (7) parking permits (the “PermitsParking Structure”) and enter the Premises through the Hotel’s employee/vendor entrance. Tenant’s employees have or will receive ID/access cards to allow the Hotel at no charge, but any replacement costs shall be borne by Tenant. Tenant will receive five (5) non-exclusive parking spaces located in the Parking Structure for its employees available on a first-come-first-served basis with other persons given access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the BuildingParking Structure. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant Overnight parking in the Building Garage will Parking Structure is not allowed. Tenant’s visitors and guests may self-park at the Parking Structure at no cost. Landlord makes no representation, warranty or guarantee as to the availability of valet parking at the Hotel entrances.
B. No employee of Tenant shall use any part of the Parking Structure except such area or areas as may be on a designated as non-reserved, firstexclusive parking areas. Landlord shall designate a reasonably sufficient area of the parking structure (taking into account all others who have or might have similar non-come, first-serve basisexclusive parking rights or privileges in such parking structure) as non- exclusive parking areas to allow the Tenant to exercise the nonexclusive parking rights as set forth in this Section. Landlord may elect issue parking passes to establish parking zones in the Building Garage be used by Tenant’s employees and/or require Tenant to supply lists of license plate numbers of employees, and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage cause employee automobiles illegally parked to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay be towed without liability to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal and/or to the sum of $0.00 per month impose reasonable fines or charges on Tenant for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove providedillegally parked employee automobiles. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges responsible for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning ensuring that its employees comply with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the Section and such other parking rules and regulations governing the use of the Building Garage, including but not limited as may be adopted and implemented by Landlord from time to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Sources: Lease Agreement (Neonc Technologies Holdings, Inc.), Lease Agreement (Neonc Technologies Holdings, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) The Building includes a subsurface parking permits garage (the “PermitsGarage”) to allow access to the ). Tenant shall purchase parking garage located at the Property passes (the “Building GarageParking Passes”) which is used equal to the number of parking passes set forth in the Lease Summary (the “Base Parking Allocation” ). No later than the later of (a) July 1, 2016, or (b) 180 days following the Commencement Date, Tenant may reduce the Base Parking Allocation by written notice to Landlord to a ratio of Parking Passes per 1,000 feet of Rentable Area in the Premises deemed sufficient by Tenant. Parking Passes in excess of the Base Parking Allocation may be available from time to time on a month to month basis and Landlord shall maintain a waiting list for parking in the Garage. Tenant’s Base Parking Allocation includes Tenant’s share (based on parking allocations in the Garage) of any carpool spaces, charging station parking spaces and spaces reserved for fuel efficient or low emission vehicles. Tenant shall pay the monthly fee for each Parking Pass at the rate established by Landlord from time to time for the applicable type of permit for comparable users, plus any tax or assessment imposed by any governmental authority in connection with such parking privileges. All parking fees shall be payable in advance on the operation first day of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and month together with each installment the payment of Base Rent due under Rent. Each Parking Pass shall entitle the Lease, holder to park a single vehicle to park in the Garage. Landlord shall have exclusive control over the day-to-day operations of the Garage; provided that Landlord shall not oversell the parking to such an extent as to materially impair availability for Parking Charge (hereinafter defined) hereinafter providedPass holders. The Permits if the holders of its Parking Passes cannot find any parking in the Garage Tenant shall only be valid between notify Landlord promptly of the hours date and time of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking problem so that Landlord may establish and for which Landlord may increase effectively manage the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisGarage. Landlord may elect designate spaces for short term parking and carpools and may create charging station parking spaces and spaces reserved for fuel efficient or low emission vehicles. Unless the Lease Summary specifies that Tenant is entitled to establish reserved parking zones and Tenant pays an additional reserved parking fee, no specific spaces in the Building Garage shall be assigned to Tenant. Landlord may make, modify and if enforce reasonable rules and regulations relating to parking and Tenant shall abide by such rules and regulations and shall cause its employees and invitees to abide by such rules and regulations. Landlord so elects, may use any reasonable means of identifying and controlling vehicles authorized to be parked in the Permits Garage. Landlord may be issued designate areas within the Garage for short term or guest parking only and Landlord may change such designations from time to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consenttime. Landlord reserves the right upon written notice posted to alter the configuration of parking spaces and driveways in the Building Garage, to change . Landlord may make all or a portion of the parking system for the Building Garage to provide special requirements for weekend, holiday spaces reserved or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date institute other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garagemeasures, including but not limited to valet, assisted or tandem parking, that Landlord determines are necessary or desirable to meet parking requirements. Landlord may operate the rules establishing time limits Garage or, in its discretion, may arrange for the Garage to be operated by a third party and the operator shall be entitled to exercise any rights granted to Landlord under this Section. Upon request, Tenant will execute and deliver a parking agreement with the operator of the Garage on the operator’s standard form of agreement. If Landlord hires a third party to operate the Garage then Landlord may direct that the monthly parking fees must be paid to such operator at such place as the operator may direct but the parking fees shall be considered Additional Rent hereunder. Tenant shall participate in all programs run by Landlord or any governmental agency to reduce commute trips and to encourage its employees to use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrompublic transportation.
Appears in 2 contracts
Sources: Office Lease (Impinj Inc), Office Lease (Impinj Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under (a) During the Term of this Lease, throughout Landlord shall provide to Tenant three parking spaces for each one thousand square feet of rentable square feet in the Term Seven (7) parking permits Premises (the “PermitsQL Parking Spaces”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided). The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on SaturdaysQL Parking Spaces shall, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the following locations: (i) first partial calendar month of the Lease Term three hundred twenty will be located in the event the Commencement Date occurs either “surface parking lot(s)”, “parking structure”, or “executive garage”, each as depicted on a date other than the first day of a calendar monthSchedule 35 attached hereto, and (ii) for the last partial calendar month balance of the Lease Term parking spaces will be located in parking facilities mutually acceptable to Landlord and Tenant (“Parking Facilities”) (two hundred twenty nine parking spaces based upon the event rentable square footage of Phase One and Phase Two as of the term hereof expires on a date other than the last day Date of a calendar monthLease). Tenant’s obligation to pay the The QL Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while Spaces located in the surface lot(s), parking structure and executive garage are sometimes hereinafter collectively referred to as the “Building Garage, Parking Spaces.” Notwithstanding the foregoing or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease else to the contrary, so long as Tenant is not contrary contained in Default under this Lease, Tenant shall only be entitled to an abatement the number of QL Parking Charges Spaces for the Permits in Premises which is actually occupied by Tenant from time to time. If the amount rentable square footage of $0.00 the Premises is more or less than the rentable square footage contemplated as of the Date of Lease, Landlord shall determine the allocation of spaces between the Building Parking Spaces and the Parking Facilities.
(b) Commencing on the Commencement Date for each Phase, Tenant shall pay the following monthly rates for the QL Parking Spaces (“Parking Rent”):
(i) Ninety Dollars per parking space per month for parking spaces located in the full Term Surface parking lot(s);
(ii) One Hundred Ten Dollars per parking space per month for parking spaces located in the parking garage;
(iii) One Hundred Sixty Dollars per parking space per month for parking spaces located in the executive garage; and
(iv) The balance of the LeaseQL Parking Spaces shall be at the then market rate charged for such parking spaces, beginning which at the request of Landlord, shall be paid directly by Tenant to the owner/operator of the Parking Facilities.
(c) Parking Rent will be paid on the first day of each month following the applicable Commencement Date in advance without demand, deduction or setoff and shall otherwise be paid in the same manner and at the same time as Tenant pays Basic Rental.
(d) Landlord may not obligate itself to provide parking spaces to the remaining tenants in the Building which results in not providing Tenant with the Commencement Date Building Parking Spaces. Tenant will not permit the QL Parking Spaces to be used for transient parking. Tenant may, from time to time, reduce the number of QL Parking Spaces and if so reduced, may thereafter, from time to time, increase the number of QL Parking Spaces, in any event to no more than three parking spaces per 1,000 rentable square foot of the Premises.
(e) Landlord shall provide Tenant one parking access device and/or permit for each of the Building Parking Spaces requested by Tenant (collectively “QL Parking Charge Abatement PeriodPermits”). The total amount Thirty days prior to the applicable Commencement Date, Tenant shall advise Landlord of the number of QL Parking Charges Permits requested by Tenant as of the applicable Commencement Date. On or before the 1st day of each month, upon notice to Landlord, Tenant may decrease or increase (up to the maximum number of parking spaces permitted) the number of QL Parking Permits that Tenant will employ for the Permits abated during next subsequent month so as to provide Landlord with a minimum of one month’s notice.
(f) Monthly Parking Rent shall increase $5.00 for each Building Parking Space on each anniversary of the Phase One Commencement Date. Tenant shall reimburse Landlord, at Landlord’s cost, for replacement (i.e. lost, stolen, damaged) QL Parking Charge Abatement Period Permits.
(g) Landlord shall equal $0.00 not be considered to be an insurer, guarantor, or bailee of the safety or security of any employee, or of any vehicle, or of the contents of any vehicle, parked in any of the QL Parking Spaces. Tenant acknowledges (and will so advise all of its employees and affiliates that use the “Abated QL Parking Charges”). If Tenant Defaults at any time during the TermSpaces) that all of its employees must self-park and un-park their vehicles, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, abide by all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing of the Parking Facilities that may be applicable to their use of the QL Parking Spaces. Landlord does not guard or assume care, custody, or control of the vehicle or its contents and is not responsible to Tenant or any employees or to any individuals or entities to whom QL Parking Permits are provided, for fire, theft, damage, or loss, including any damage caused by any other vehicle parked in the Parking Facilities of the Building, as applicable.
(h) Tenant may not assign or sublet its rights to the use of the Building GarageQL Parking Spaces and/or the QL Parking Permits, including but not limited except in connection with an assignment of this Lease or sublease of all or any portion of the Premises. Tenant’s rights to use the QL Parking Spaces are subject to the rules establishing time limits on the Landlord’s right to use of said Permitsthe Parking Facilities pursuant to such agreements which may be in place between Landlord and the owners and/or operators of the Parking Facilities. Without limiting the generality of the foregoing, if Landlord’s right to use one or more of the Parking Facilities is terminated as a result of the sale of such Parking Facility(ies), then Tenant’s right to use such Parking Facility(ies) shall entitle be similarly terminated; provided, however, nothing contained herein shall limit Landlord, in addition ’s obligations to any other remedies provided hereunder, cause the QL Parking Spaces to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of be made available to Tenant and others permitted to use them pursuant to this Section 35. If the QL Parking Spaces become unavailable for any reason (including, without liability for damages resulting therefromlimitation, the sale of the Parking Facility(ies) in which the QL Parking Spaces are located), other than due to the acts or omissions of Tenant, Landlord will use commercially reasonable efforts to secure suitable replacement parking at comparable cost.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Parking. A. During the Term, Landlord shall make available will provide or will cause the garage operator to Tenantprovide Tenant with the right, provided Tenant is but not in default under this Leasethe obligation, throughout the Term Seven to receive up to fourteen (714) parking permits passes for use of unreserved parking spaces located in one or more of the following parking areas (each, a “Parking Facility” and collectively, the “PermitsParking Facilities”), as designated by Landlord: (i) the structured parking garage commonly known as 1▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, (ii) the structured parking garage commonly known as 8▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and/or (iii) the structured parking garage commonly known as 160 CambridgePark Drive. In the event that Tenant (x) elects not to allow access to receive, or (y) surrenders any of the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord passes during the Term, as Additional Rent thereunder, T▇▇▇▇▇’s right to receive the surrendered parking passes at a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge future date shall be paid monthly in advance as hereinabove providedsubject to availability. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event Commencing on the Commencement Date occurs on and thereafter throughout the Term, Tenant shall pay, as Additional Rent, a date other than monthly parking charge for such parking passes, which charge shall be at the first day of a calendar month, and (ii) for prevailing rate established by the last partial calendar month operator of the Lease Term in Parking Facility from time to time. The parking passes shall be used only for parking duly registered and operating private passenger motor vehicles owned and operated by Tenant or its employees. Except for transfers of any parking passes to permitted subtenants, the event parking passes shall not be transferable. Landlord shall have the term hereof expires on a date other than right from time to time to designate the last day location of a calendar month. Tenant’s obligation parking spaces and to pay promulgate reasonable rules and regulations regarding the Parking Charge Facilities and the use thereof. Tenant shall comply with and cause its employees to comply with all such rules and regulations as well as all reasonable additions and amendments thereto. Except to the extent otherwise provided in M.G.L. Chapter 186, Section 15, neither the operator of the Parking Facility nor Landlord shall be considered an obligation to pay Rent liable for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsany loss, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss injury or damage to automobiles persons using the Parking Facility or motor vehicles or other property while located in the Building Garagetherein, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease and, to the contraryfullest extent permitted by law, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, Parking Facility shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage be at the sole cost and expense risk of Tenant and without liability for damages resulting therefromits employees.
Appears in 2 contracts
Sources: Lease Agreement (Aurion Biotech, Inc.), Lease Agreement (Aurion Biotech, Inc.)
Parking. A. Landlord The Parking Facilities set forth in the summary shall make be made available to Tenant for Tenant, provided ’s exclusive use during any portion of the Lease Term and the Extended Term in which Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation sole tenant of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, SundaysProject, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisexclusive basis during any portion of the Lease Term and the Extended Term when Tenant is not the sole tenant of the Project. Landlord may elect shall have no liability for the use of any such parking spaces by anyone (besides Landlord) other than Tenant or Tenant’s visitors. In the event Landlord is required by any law to establish limit or control parking zones in at the Building Garage or the Project, whether by validation of parking tickets or any other method of assessment, Tenant, at its cost, agrees to participate in such validation or assessment program under such reasonable rules and if Landlord so elects, the Permits may be issued regulations as are from time to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined time established by Landlord. If Tenant shall pay no monthly or “per space” fee for the Parking Facilities and except as otherwise expressly provided herein, all costs and expenses associated with parking areas serving the Project shall be included in Operating Expenses. Tenant, at Tenant’s sole expense (which expense may be paid for out of the Tenant Improvement Allowance if so requested by Tenant pursuant to Section 2.03 of the Work Letter), may install between twelve (12) and twenty (20) dual electric vehicles charging stations at the Project based on the specification and at the approximate locations depicted on Schedule 1 attached hereto (the “Charging Stations”), provided that Tenant shall submit construction drawings to Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles for such approval and such Charging Stations shall not be permitted subject to use the Building Garage without the Landlord’s prior written consentconsent to the size, actual location, design and materials of such Charging Stations, which consent shall not be unreasonably withheld. Landlord reserves Tenant shall have the exclusive use of the Charging Stations during the Lease Term and Extended Term, and Tenant shall have the right upon written notice posted to install signage on or about the Charging Stations indicating same. Upon the expiration or earlier termination of this Lease, Tenant shall remove some or all of the above-ground head and station portions of those Charging Stations (but Tenant not be required to remove the conducts or other below-ground infrastructure for such Charging Stations), as directed by Landlord, and return the relevant area to the condition in the Building Garagewhich it existed prior to installation of such Charging Stations. Tenant, to change the at Tenant’s sole expense, may implement a valet parking system for the Building Garage Parking Facilities at any time Tenant is the sole occupant of the Project and such system has received the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In addition to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permitsforegoing, Tenant covenants and agrees shall have the right to pay to Landlord during the Term, as Additional Rent thereunder, re-stripe a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such the Parking Charge shall be payable for the Facilities to designate (i) first partial calendar month a certain number of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthparking spaces as “visitor” parking spaces, and (ii) a certain number of parking spaces for the last partial calendar month purposes of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseCharging Stations.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
Parking. A. (i) Commencing on the Term Commencement Date, Tenant shall have the appurtenant right to use up to 13 unreserved parking spaces for standard size automobiles and small utility vehicles (2.4 per each 1,000 rentable square feet of the Premises). The parking spaces shall be used by Tenant and Tenant’s employees and business invitees and may be located on the Property and/or within the Building, and the location of said parking spaces, and the layout and location of the parking facilities, are subject to change from time to time. Tenant’s right to use such parking spaces shall be non-exclusive.
(ii) None of Tenant’s parking rights hereunder shall be assigned or sublicensed except in connection with a Transfer permitted under Article 13. Landlord shall have the right to make such parking available pursuant to a pass system or on any other reasonable basis determined by Landlord, and such parking rights shall be subject to Landlord’s reasonable rules and regulations of which Tenant is provided written notice, from time to time, and the right of Landlord to limit the number of parking spaces available to Tenant, provided its employees and invitees, where the use of the same exceeds the above-stated ratio. Tenant acknowledges that Landlord has informed Tenant that Landlord intends to allocate in its tenant leases more than the actual parking spaces servicing the Property. It is further acknowledged and agreed that as a consequence of such over-allocation of parking spaces, there may occasionally occur instances in which the number of parking spaces actually available to Tenant shall be less than the Parking Spaces to which Tenant is not in default entitled under this Lease, throughout . Landlord shall incur no liability to Tenant as a consequence of such over-allocation of parking spaces. Landlord shall have the Term Seven (7) parking permits (the “Permits”) right to allow access to alter the parking garage located at the Property (the “Building Garage”) which is used in connection with the areas or their operation of the Building. Of said Seven (7) Permits granted from time to Tenanttime, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations for maintenance as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar monthnecessary. Tenant’s obligation to pay the Parking Charge parking privileges constitute a license only, and no bailment is intended or shall be considered an obligation to pay Rent created. Neither Landlord nor any parking operator of the parking areas will have any responsibility for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage due to automobiles fire or other property while located theft or otherwise to any automobile parked in the Building Garage, parking areas or arising out of to any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseproperty therein.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)
Parking. A. Tenant may park in the Building’s parking facilities (the “Parking Facility”), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking spaces set forth in Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for the parking spaces described in Section 1.9. Landlord shall make available not be liable to Tenant, provided nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant is not in default under this Leaseshall pay Landlord any fees, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used taxes or other charges imposed by any governmental or quasi-governmental agency in connection with the Parking Facility, to the extent such amounts are allocated to Tenant by Landlord based on the number and type of parking spaces Tenant is entitled to use. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Of said Seven (7) Permits granted to Tenant, each ’s use of the Parking Facility shall be standard unreserved. In consideration thereforat Tenant’s sole risk, Tenant will pay and Landlord shall have no liability for any personal injury or damage to Landlord as Additional Rent and with each installment or theft of Base Rent due under the Lease, any vehicles or other property occurring in the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours Facility or otherwise in connection with any use of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisFacility by Tenant or its employees or invitees. Landlord may elect to establish parking zones in alter the Building Garage and if Landlord so electssize, the Permits may be issued to specifically identified vehicles and configuration, design, layout or any other aspect of the Parking Charge Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant. Landlord may relate delegate its responsibilities hereunder to specified zone(sa parking operator, in which case (i) as determined such parking operator shall have all the rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking spaces, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s gross negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Apigee Corp), Office Lease (Apigee Corp)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7a) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during During the Term, as Additional Rent thereunder, a parking charge (upon the “Parking Charge”) equal to the sum request of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges contract for the Permits up to, but not in excess of, one (1) parking space in the amount of $0.00 per month Garage in the parking areas designated for the full Term tenants and invitees of the Lease, beginning with the Commencement Date Building (the “Parking Charge Abatement PeriodArea”)) and Tenant will be issued a like number of access cards therefor which will enable the holder thereof to gain access to the Parking Area at all times. The total amount rate for parking spaces shall be the prevailing rate established from time to time by Landlord or the Garage operator, as the case may be. Landlord’s failure or inability to provide any such parking spaces, whether because of Parking Charges casualty, eminent domain, or for the Permits abated during the Parking Charge Abatement Period any other reason beyond Landlord’s control, shall equal $0.00 (the “Abated Parking Charges”)not constitute a breach of any of Landlord’s obligations under this Lease and shall in no event entitle Tenant to terminate this Lease or to any compensation, damages or other claim against Landlord. If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under contract for, or elects to contract for fewer than, the Leasefull number of parking spaces to which it is entitled above, all Abated Parking Charges ▇▇▇▇▇▇’s right to contract for the unused parking spaces shall immediately become due expire and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect; provided that Tenant shall have to the right to request additional parking spaces (not to exceed the maximum number of parking spaces Tenant is entitled to receive under this Section 17.23). Tenant’s request for such additional parking spaces shall be subject to availability, and if Landlord reasonably determines that such additional parking spaces are not available, Landlord shall have no obligation to provide said additional parking spaces to Tenant.
(b) The payment Parking Area in the Garage will be operated on a self-parking basis and no specific parking spaces will be reserved for use exclusively by Tenant Tenant. Landlord further contemplates that each user of the Abated Parking Charges Area will have the right to park in any available stall or space in accordance with regulations of uniform applicability promulgated for all users of the event Parking Area by Landlord or the Garage operator. Notwithstanding the foregoing, Landlord reserves the right at any time and from time to time to reserve one or more parking spaces for use by a single tenant or to change the operation of the Garage from a Default shall not limit self-parking system to a valet parking system and vice versa.
(c) Landlord reserves the right to enter into a management agreement or affect any lease with an entity for the Garage (“Garage Operator”). In such event, Tenant, upon request of Landlord’s other rights, pursuant shall enter into a parking agreement with the Garage Operator and pay the Garage Operator the monthly charge established hereunder, and Landlord shall have no liability for claims arising through acts or omissions of the Garage Operator unless caused by the negligence or willful misconduct of Landlord. It is understood and agreed that the identity of the Garage Operator may change from time to this Lease time during the Term. In connection therewith, any parking lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits agreement entered into between Tenant and a Garage Operator shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasefreely assignable by such Garage Operator or any successors thereto.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules (d) Tenant and regulations governing its employees shall observe reasonable safety precautions in the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, Parking Area and shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said at all times abide by all rules and regulations from promulgated by Landlord or the Building Garage operator governing the use thereof, including the requirement that an identification or parking sticker shall be displayed at all times in all cars parked in the Parking Area; provided that such rules and regulations shall be of general application to all users of the Garage, except where different circumstances justify different treatment. Any car not displaying such a sticker, if so required, may be towed away or booted at the sole cost car owner’s expense.
(e) Notwithstanding the foregoing, in the event that all or any portion of the Garage is (a) totally or partially damaged or destroyed rendering the Garage totally or partially inaccessible or unusable; or (b) taken or condemned by any governmental or quasi-governmental authority for any public or quasi-public use or purpose, this Lease shall continue in force but Landlord shall be relieved of its obligations to provide parking to Tenant under this Section 17.23 (and expense Tenant’s obligation to pay parking charges shall be extinguished).
(f) Landlord does not assume any responsibility for, and shall not be held liable for, any damage or loss to any automobiles parked in the Parking Area or to any personal property located therein, or for any injury sustained by any person in or about the Parking Area, excepting only to the extent caused by the grossly negligent acts of Tenant and without liability for damages resulting therefromLandlord, or its agents or employees.
Appears in 2 contracts
Sources: Lease (Lendbuzz Inc.), Lease (Lendbuzz Inc.)
Parking. A. Landlord Throughout the Term, Tenant shall make available have the right, but not the obligation to Tenantpurchase and assign to its employees the number of parking pennits set forth in Section 21.1 of the Basic Lease Information (`BLI"). Except as othenvise permitted by Landlord's management agent in its reasonable discretion, provided and based on the availability thereof, in no event shall Tenant is not in default under this Lease, throughout be entitled to purchase more than the Term Seven (7) number of parking permits (listed in the “Permits”) to allow access to the BLI. If additional parking garage located at the Property (the “Building Garage”) permits are available on a month-to-month basis, which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each determination shall be standard unreserved. In consideration thereforin the sole discretion of Landlord's parkingagent, Tenant will pay shall be permitted to Landlord as Additional Rent and with each installment purchase one or more of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be said permits on a non-reserved, first-come, first-serve basisfrst- serveebasis. Landlord may elect Said parking permits shall allow Tenant to establish parking zones park in the Building Garage parking facility at the posted monthly parking rates and if charges then in effect, plus any and all applicable taxes, provided that such rates may be changed from time to time, in Landlord's sole discretion. Landlord so electsshall retain sole discretion to designate the location of each parking space, and whether it shall be assigned, or unassigned, unless specifically agreed to otherwise in writing between Landlord and Tenant. Guests and invitees of Tenant shall have the right to use, in common with guests and invitees of other; tenants of the Building, the Permits transient parking facilities of the Building at the then-posted parking rates and charges, or at such other rate or rates and charges as may be issued agreed upon from time to specifically identified vehicles time between Landlord and the Parking Charge may relate Tenant in writing. Such rate(s) or charges maybe changed by Landlord from time to specified zone(s) as determined by time in Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits's sole discretion, other vehicles and shall not be permitted include, without limitation, any and all fees or taxes relating to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay assessed to Landlord during the Termfor such parking facilities. Tenant or Tenant's agents, as Additional Rent thereunderclients, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantcontractors, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthdirectors, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsemployees, Tenant hereby waives on behalf of itself all claimsinvitees, whether based on negligence licensees, officers, partners or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the shareholders continued use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrarytransient, so long as Tenant is not in Default under this Leasewell as monthly parking, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Leasecontingent upon Tenant and Tenant's agents, beginning clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders continued compliance with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults reasonable and non-discriminatory rules and regultions adopted by Landlord, which rules and regulations may change at any time or from time to time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Term hereof in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease's sole discretion.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (Platinum Studios, Inc.), Office Lease (Platinum Studios, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access 42.1 Subject to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation terms and conditions of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease42, Tenant shall be entitled but not obligated to use, in common with other tenants and Landlord and its agents, the number of undesignated vehicle parking spaces allocated to Tenant in Subsection 1.1.11, and which such spaces will be available at all times during the Term for Tenant’s use; provided, however, that if the size of the Premises shall hereafter be increased or reduced, whether pursuant to an abatement amendment of Parking Charges for lease or any modification to this Lease or otherwise, the Permits number of parking spaces allocated to Tenant shall automatically be increased or reduced pro rata, as the case may be, provided further, however, that if the number of parking spaces in the amount Building’s parking facility is expanded, then the number of $0.00 per month for parking spaces allocated to Tenant shall be increased pro rata.
42.2 The parking facility shall be operated on a parking assist/valet basis, and the full Term hours of such operation shall be extended if demand warrants the same and provided that the cost of such additional operation is paid by the tenants of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount Building who are users of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights extended hours program.
42.3 Tenant’s use of Tenant to the Abated Parking Charges such parking spaces shall be null and void and of no further force or effect. The subject to payment by Tenant of such standard monthly parking rates, if any, as may be charged from time to time to persons other than the Abated Parking Charges officers and employees of Landlord and its affiliates, and subject to such non-discriminatory rules and regulations as may be reasonably established or altered from time to time by Landlord or its manager of such parking facilities, provided that, subject to any Laws, Tenant shall have access to the Building’s parking facility at all times (i.e., 365 days a year, 24 hours a day) and provided further that such rates do not exceed any rates charged to other tenants of the Building nor do such rates exceed fair market rates for generally comparable parking facilities in Class A office buildings located within a two (2) block radius of the Building. If a dispute arises between the parties regarding the fair market rate for Tenant’s vehicle parking spaces in the event of a Default shall not limit or affect any of LandlordBuilding’s other rightsparking facility, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits it shall be abated, resolved by arbitration and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to accordance with the provisions of Exhibit F attached to this Lease.
C. The failure 42.4 Tenant shall have the right to timely pay increase the Parking Charge specified abovenumber of parking spaces it contracts to use, subject to the maximum number set forth in Subsection 1.1.9, by providing Landlord with sixty (60) days’ written notice of its intent to do same. Tenant shall have the right to decrease the number of parking spaces it contracts to use by providing Landlord with thirty (30) days’ written notice of its intent to do same.
42.5 At Landlord’s request, Tenant (or its designated employees with parking privileges) shall enter into commercially reasonable parking licenses or lease agreements or other arrangements then in use by Landlord (or Landlord’s operator of the parking facilities) with respect to comply such monthly parking. Upon request, Tenant shall provide Landlord with the rules license plate numbers of all vehicles that Tenant’s employees park in the Building’s parking facility.
42.6 At all times, the Building’s parking facility shall accommodate approximately thirty-three (33) cars to be parked on a visitor or “short term” parking basis and regulations governing the use on an assist/valet basis, subject to governmental requirements and restrictions. In addition, a portion of the Building GarageBuilding’s parking facility shall be reserved for car pool parking (approximately 19 cars) and handicap parking (approximately five (5) cars) and motorcycle parking. If Tenant parks more vehicles in the Facility’s parking area than are permitted under this Section, including but not limited Landlord shall have the right, without limitation to Landlord’s other remedies under this Lease, to collect from Tenant a daily charge, to be reasonably determined by Landlord, for each such additional vehicle.
42.7 Provided that Landlord determines that there has been a mutually agreed demonstrated need for off-site valet parking, Landlord shall attempt to contract for such service, subject to the rules establishing time limits on availability of suitable off-site facilities within a reasonable proximity to the use Building, and subject to the agreement of said Permits, shall entitle Landlord, in addition the users of such service (including Tenant) to any other remedies provided hereunder, to terminate pay for all of the Permits and tow any vehicles which are in violation cost of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromsuch off-site valet parking operation.
Appears in 2 contracts
Sources: Office Lease Agreement (Riverbed Technology, Inc.), Office Lease Agreement (Riverbed Technology, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Upon the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, SundaysInitial Floor Commencement Date, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Leasecontinues to Lease 100% of the New Premises, Tenant shall be entitled to an abatement ten (10) reserved parking spaces near the main entrance of Parking Charges the New Building, the exact locations of which to be mutually agreed upon by Landlord and Tenant. Tenant acknowledges and agrees that Landlord shall only provide signage for Tenant’s reserved parking spaces and shall not have a duty to monitor or enforce who parks in such reserved spots. Tenant shall also have the right, in common with other tenants of the Building and Landlord, to use the designated parking areas of the New Building for the Permits unreserved parking of automobiles of Tenant and its employees and business visitors, incident to Tenant’s permitted use of the Premises; provided that Landlord shall have the right to restrict or limit Tenant’s utilization of the parking areas in the amount of $0.00 per month for event the full Term same become overburdened and in such case to equitably allocate on proportionate basis or assign parking spaces among Tenant and the other tenants of the LeaseBuilding. Notwithstanding the foregoing, beginning with at no time shall Tenant be required to reduce its parking to less than 5 spaces per 1,000 RSF (this fraction is based upon Tenant leasing 89,878 RSF of space in the Commencement Date New Building) (this number excludes the “Parking Charge Abatement Period”aforementioned reserved parking spaces). The Landlord represents that the total amount of Parking Charges parking spaces available for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges tenants at the New Building as of the date that this Amendment is executed is 649. Landlord will endeavor, at no additional cost to Tenant, to expand the existing parking lot at the New Building so that Tenant will have six parking spaces per 1,000 RSF (this fraction is based upon Tenant leasing 89,878 RSF of space in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseNew Building).
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease (Accolade, Inc.), Lease (Accolade, Inc.)
Parking. A. 13.01. Landlord shall make available provide Tenant with seventy five (75) gated reserved parking spaces (which spaces shall be marked by number), in the parking area designated for use by tenants of the Building, and the related parking passes, at no cost to Tenant, provided Tenant is not in default under for use throughout the term of this Lease; provided, throughout however, that if Tenant requires replacement of any parking passes, Landlord shall provide eight replacement parking passes per year free of charge and thereafter Tenant shall pay to Landlord the Term Seven sum of $50.00 per parking pass prior to the issuance of same. Of the aforementioned seventy five (775) gated reserved parking permits spaces, twelve (12) spaces shall be marked and located on the “Permits”) to allow access to upper level of the parking garage in the gated area (with access 24 hours a day, 7 days a week by passcard access) and the remaining sixty three (63) spaces shall be located at on the Property (the “Building Garage”) which is used in connection with the operation lower level of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentgarage. Landlord reserves the right upon written notice posted to relocate (except for the purpose of allocating such reserved parking for any other tenant in the Building Garage, or to change any other third party) Tenant's reserved parking spaces within the parking system areas for the Building Garage Building, provided that Tenant's parking spaces are at all times within reasonable proximity to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant's reserved parking spaces that Landlord seeks to relocate. Tenant acknowledges that the reserved parking is within an area and is not by assignment but rather access and that the spaces are on a first come first serve basis. Tenant shall not have the right to use any other parking spaces at the Building, and such Parking Charge shall be paid monthly in advance as hereinabove providedexcept for those that are not designated for use by other tenants, other than Tenant's reserved parking spaces. A pro rata portion of such Parking Charge shall be payable for In the (i) first partial calendar month of event that Tenant materially defaults under the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a i.e. any default in the payment of Rent. As Annual Fixed Rent or additional consideration for rent), as modified hereby, beyond the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out expiration of any loss or damage applicable grace period, Landlord may immediately and without notice to automobiles or other property while located Tenant revoke Tenant's reserved parking provided hereunder until such time as such default is cured. Landlord represents that inclusive of the foregoing gated reserved parking spaces (and not including in said calculation any parking space on the upper level of the parking garage), there is no less than five (5) parking spaces per 1,000 rentable square feet of space in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseBuilding.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (1 800 Flowers Com Inc), Lease Agreement (1 800 Flowers Com Inc)
Parking. A. Tenant shall have the right to two (2) parking spaces per 1,000 RSF within the Premises in the parking area designated in attached Exhibit A-2 (the “Temporary Parking Area”) at no cost to Tenant, and, once completed, within improved parking areas adjacent to the Building (the “Structured Parking”) at a rate that will not exceed the fair market rental rate charged by substantially similar buildings in the applicable submarket. Tenant acknowledges that the Temporary Parking Area may not be located on the Land, but will be located within one (1) city block of the Building. If the Structured Parking is not completed prior to the expiration of the Lease Term, the Temporary Parking Area shall remain be available at no cost to Tenant for Tenant’s use as off-street parking for the duration of the Lease Term. Landlord represents and warrants that the use of the Temporary Parking Area is permitted under applicable law and Salt Lake City ordinances. When the Structured Parking has been completed, Landlord shall offer the allotted number of parking stalls to the Tenant. Tenant then has fourteen (14) business days to respond with the number of stalls that it requests within its allotment. Landlord will then grant the right to Tenant to use the requested number of stalls for the Lease Term. If the Tenant requests additional stalls and Landlord has such additional stalls available for Tenant’s use, then Landlord may, at its sole discretion, lease those stalls to Tenant at such time. Tenant agrees to comply with such reasonable rules and regulations as may be made by Landlord from time to time in order to insure the proper operation of the Structured Parking if or when created or designated so long as such rules and regulations do not adversely affect Tenant’s rights under this Lease. Landlord shall have the right at any time to assign spaces in the Structured Parking to individual tenants, in its sole discretion, provided that Landlord shall make available for Tenant the number of spaces provided for herein. Subject to Tenant, provided Tenant is not in default under the terms of this Lease, throughout all vehicles parked in the Term Seven (7) parking permits (Temporary Parking Area and the “Permits”) to allow access to Structured Parking and the parking garage located personal property therein shall be at the Property (the “Building Garage”) which is used in connection with the operation sole risk of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforTenant’s employees, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseagents, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdayscontractors, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles invitees and the Parking Charge may relate to specified zone(s) as determined by Landlord. If users of such spaces and Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted responsible for any injuries to use any person nor any damage to any automobile, vehicle or other property that occurs in or about the Building Garage without the Landlord’s prior written consentparking areas. Landlord reserves the right upon written notice posted in the Building Garage, its sole discretion to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, enforce its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the reasonable rules and regulations governing the use of the Building Garageregulations, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlordpolicing and towing. Landlord may, in addition its sole discretion, change the location and nature of the parking spaces available to Tenant, provided that after such change, there shall be available to Tenant the same number of spaces within the same proximity to the Premises as before such change. Notwithstanding the foregoing, the rights granted to Tenant to use any parking spaces is a license only and Landlord’s inability to make spaces available at any time for reasons beyond Landlord’s reasonable control (other remedies provided hereunderthan due to Landlord’s breach of its contractual obligations or this Lease or its negligence or willful misconduct) is not a breach by Landlord of its obligations hereunder so long as Landlord provides substantially similar alternative parking spaces for Tenant’s use and undertakes all commercially reasonable efforts to allow Tenant to use the Temporary Parking Facilities or Structured Parking, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromas applicable.
Appears in 2 contracts
Sources: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Parking. A. Landlord Tenant and/or its employees shall make available have the right, but not the obligation, to Tenantrent from Landlord, commencing on the Commencement Date, up to one (1) unreserved parking pass for each full 3,500 rentable square feet in the Premises (i.e., up to fifteen (15) unreserved parking passes as of the Commencement Date) unreserved parking passes on a monthly basis throughout the Term, which parking passes shall pertain to the subterranean parking facility servicing the Building (“Building Parking Facility”). Tenant may change the number of parking passes rented pursuant to this Article 28 upon thirty (30) days prior written notice to Landlord, provided that in no event shall Tenant is not be entitled to rent more than the amount and type of parking passes allotted to Tenant as set forth in default under this Lease, throughout Article 28 above. Tenant or the Term Seven (7) employee-lessee shall pay to Landlord for automobile parking permits (passes actually rented by the “Permits”) applicable party hereunder on a monthly basis the prevailing rate charged from time to allow access to the parking garage located time at the Property location of such parking passes (which prevailing rate is equal to $470.00 per month per parking pass as of the “Building Garage”) which is used Effective Date and subject to change from time to time). In addition, Tenant or the employee-lessee, as applicable, shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the operation renting of such parking passes by Tenant or the use of the BuildingBuilding Parking Facility by Tenant. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted ’s continued right to use the Building Garage without parking passes is conditioned upon Tenant abiding by all reasonable rules and regulations which are prescribed from time to time for the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in orderly operation and use of the Building GarageParking Facility, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage Tenant’s cooperation in seeing that Tenant’s employees and to temporarily close the Building Garage, or portions thereof to make visitors also comply with such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants rules and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantregulations, and there being no uncured Event of Default under this Lease (it being acknowledged that the failure of an individual employee and/or visitor of Tenant to comply with such Parking Charge rules and regulations shall be paid monthly in advance as hereinabove provided. A pro rata portion not constitute an Event of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in under this Section of the Lease to the contraryLease, so long as Tenant has and continues to use its commercially reasonable, good faith efforts to ensure that Tenant’s employees and/or visitors do comply with such rules and regulations). Such rules and regulations may include, without limitation, any valet service (it being understood that parking within the Building Parking Facility is not in Default intended to be self-parking), any sticker or other identification system reasonably established by Landlord or an operator of the Building Parking Facility, and hours of operation pertaining to the Office Project (it being understood that the Building Parking Facility shall be available for exclusive use by the Residential Project during certain hours). Landlord specifically reserves the right to change the size, configuration, design, layout and all other aspects of the Building Parking Facility at any time and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, Tenant from time to time, temporarily close-off or restrict access to the Building Parking Facility for purposes of permitting or facilitating any such construction, alteration or improvements. Landlord shall have the right to provide parking for the Building at off-site locations other than the Building Parking Facility, and in such event, said off-site parking areas shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term deemed part of the Office Project for purposes of this Lease. Landlord shall have the right to change, beginning with delete or modify such off-site parking areas. Landlord may delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the Commencement Date (rights of control attributed hereby to the “Parking Charge Abatement Period”)Landlord. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment parking passes rented by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease Article 28 are provided to Tenant solely for use by Tenant’s own personnel and such passes may not be transferred, assigned, subleased or at law otherwise alienated by Tenant without ▇▇▇▇▇▇▇▇’s prior approval. Tenant may validate visitor parking by such method or in equity. During methods as the Parking Charge Abatement PeriodLandlord may establish, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromvalidation rate from time to time generally applicable to visitor parking.
Appears in 2 contracts
Sources: Lease Agreement (Andersen Group Inc.), Lease Agreement (Andersen Group Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforLease Term, Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Parking Facility servicing the Building Garage and if as shall be designated by Landlord so elects, from time to time for unreserved parking for the Permits may be issued to specifically identified vehicles and tenants of the Parking Charge may relate to specified zone(s) as determined by LandlordBuilding. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Tenant’s continued right to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right parking spaces is conditioned upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Tenant abiding by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the event the Commencement Date occurs on a date other than the first day of a calendar monthBuilding, and (ii) for upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord specifically reserve the right to change the size, configuration, design, layout, location and all other aspects of the Lease Term in the event the term hereof expires on a date other than the last day Parking Facility (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of a calendar month. Tenant’s obligation Rent under this Lease, from time to pay time, close-off or restrict access to the Parking Charge Facility. Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within ten (the “Parking Charge Abatement Period”)10) business days after Landlord’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for the Permits shall be abatedOperator from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Sources: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Leaseshall, throughout the Term Seven (7) as may be extended), have the right to use, without the obligation to pay any parking permits (the “Permits”) to allow access charges therefor, up to the number of Reserved Passes for reserved and covered parking garage located spaces in the Parking Facility and Unreserved Passes for unreserved and either uncovered or covered parking spaces (as may be designated by Landlord from time-to-time) in the Parking Facility as stated in Section “E” of the Summary of Basic Lease Information. Landlord shall have the right to establish such reasonable non-discriminatory rules and regulations as may be deemed desirable, at Landlord’s reasonable discretion, for the Property proper and efficient operation and maintenance of the Parking Facility, so long as such rules and regulations do not result in an Adverse Condition. Such rules and regulations may include, without limitation, the use of parking gates, cards, permits and other control devices to regulate the use of the parking areas. The rights of Tenant and its employees, customers, service suppliers and invitees to use the Parking Facility shall, to the extent such rules and regulations are not inconsistent with the other terms of this Lease, at all times be subject to the following: (i) Landlord’s right to establish reasonable, non-discriminatory rules and regulations applicable to such use (so long as such rules and regulations do not result in an Adverse Condition) and to exclude any person therefrom who is not authorized to use the same or who violates such rules and regulations; (ii) the rights of Landlord and other tenants in the Building and Complex to use the same in common with Tenant; (iii) the availability of parking spaces in said Parking Facility; (iv) Landlord’s right to establish and/or modify parking charges for visitor parking; and (v) Landlord’s right to change the configuration of the parking areas and any unassigned parking spaces as Landlord determines in its reasonable discretion (so long as such changes do not result in an Adverse Condition). Tenant agrees to limit its use of the Parking Facility to the number and type of parking spaces specified in Section “Building Garage”) E” of the Summary of Basic Lease Information. Notwithstanding the foregoing, nothing contained herein shall be deemed to impose liability upon Landlord for personal injury or theft, for damage to any motor vehicle, or for loss of property from within any motor vehicle, which is used suffered by Tenant or any of its employees, customers, service suppliers or other invitees in connection with the operation their use of the BuildingParking Facility. Of said Seven (7) Permits granted to TenantTenant understands and agrees that, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, while the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only Facility will be valid open to Tenant on a 24-hour basis, other than spaces that are assigned to tenants, all parking spaces in the parking area may be leased to members of the general public between the hours of 5:00 6:30 p.m. through 7:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 Monday through Saturday morning, after 1:30 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payableSaturday, and all future rights of Tenant to the Abated Parking Charges shall be null day on Sunday and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseholidays.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Parking. A. Tenant hereby also rents the Parking Spaces referred to in the Basic Lease Information of the Lease in the garage parking area located substantially beneath the Building on such terms and conditions as may be established by Landlord from time to time during the Term; provided, however, the rent for such Parking Spaces during the initial Term shall be equal to the Parking Charge and said rents shall never be less than these charges during the remainder of the Term of this Lease. Landlord shall have the right to designate where such parking spaces shall be located and to relocate such parking spaces within the underground garage parking area from time to time, but shall not, except for reserved spaces, be required to mark ▇▇▇cific spaces. Landlord shall have the further right to relocate or eliminate any surface parking areas from time to time during the Term of this Lease. If additional underground garage parking is requested by Tenant during the Term of this Lease, Landlord shall make such space available to Tenant, provided Tenant is not in default under this Leaseon the terms, throughout the Term Seven (7) parking permits (the “Permits”) to allow access conditions and rates then applicable to the other underground garage parking spaces, if in Landlord's sole discretion adequate underground garage located at parking is available to the Property (the “Building Garage”) which is used other tenants in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each All parking spaces rented by Tenant shall be standard unreserved. In consideration thereforconsidered part of the Premises for the purposes of Tenant's obligations and Landlord's rights under Articles 8, Tenant will pay to Landlord as Additional Rent 9, 10, 14, 16 and with each installment of Base Rent due 17 hereof, and the rental owing for such spaces shall be considered additional rent under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits parking areas referred to herein, except for reserved spaces during normal business hours, shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be used on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in exclusive basis with occupants of the Building Garage and if Landlord so elects, Parcel IB. Tenant also acknowledges that there are parking spaces in uncovered surface parking areas within the Permits Project. Tenant and visitors of the Building may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined not park in such spaces unless expressly authorized in writing by Landlord. If Such permitted parking may or may not be without charge; provided, however, at such time as validated parking becomes, in the opinion of Landlord, common practice among similar offices in the immediate vicinity of the Project, Tenant shall participate in such validated parking on Tenant's use of all parking areas shall be subject to any rules and regulations relating thereto, including regulations governing the designation of specific parking spaces for use by Tenant and its guests and invitees, the hours during which such parking spaces may be used, the size of such parking spaces, and the traffic flow in the parking areas. Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system responsible for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence any vandalism or other grounds, against Landlord, its agents and employees arising out of damages from any loss or damage cause occurring to automobiles or other property their contents while located in the Building Garage, such parking spaces or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits moving in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseparking area.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Cygnet Financial Corp), Lease Agreement (Cygnet Financial Corp)
Parking. A. (a) Subject to the other provisions hereof, Landlord shall hereby agrees to make available, or to cause the lessee or operator of the Parking Facility (the “Garage Operator”), to make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7so long as Tenant shall continue to lease at least 6,341 RSF) parking up to twenty-five (25) permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking park in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in Kensington Parking Facility upon the Building Garage terms and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge conditions set forth below (the “Parking ChargePermits”). Landlord shall also provide (or cause the Garage Operator to provide) equal visitor parking in a portion of the Parking Facility on a “first come-first served” pay basis at such rates and upon such conditions as Landlord or the Garage Operator, as applicable, shall establish from time to time.
(b) Tenant shall notify Landlord within thirty (30) days following the sum execution of $0.00 per month this Lease of the number of Parking Permits that it intends to utilize. Neither Landlord nor the Garage Operator shall be obligated to hold any Parking Permits that Tenant does not elect to utilize.
(c) Tenant shall pay as rental for the Parking Permits at the rate charged from time to time by Landlord (or the Garage Operator), in its sole and absolute discretion, plus any applicable taxes thereon; provided the rate charged for the Parking Permits shall be prorated for any partial months during the term of this Lease. The current charge to Tenant for each Parking Permit issued to Tenantis $40.00 per month, and such Parking Charge shall be paid monthly in advance as hereinabove providedplus any applicable taxes thereon. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in In the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) rate charged for the last partial calendar month Parking Permits is increased, Tenant may elect to relinquish all or a portion of the Lease Term Parking Permits by giving written notice to Landlord (or its designee) within thirty (30) days after receiving notice of such increase, in which event Tenant shall have no further right to or interest in such Parking Permit and neither Landlord nor the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s Garage Operator shall have any obligation to pay provide replacement parking for Tenant. If the rate charged for the Parking Charge shall be considered an obligation Permits is increased and Tenant fails to pay Rent for notify Landlord, in writing, of its election to relinquish all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in or a portion of the payment Parking Permits within thirty (30) days after receiving notice of such Parking Charge increase, then Tenant shall be deemed to be a default have agreed to such increase and shall have no further right to relinquish its Parking Permits on account thereof. Unless Landlord directs otherwise, Tenant shall pay the monthly charges established from time to time in accordance with this Lease by the Garage Operator for parking in the payment of Rent. As additional consideration for the aforesaid PermitsKensington Parking Facility to Landlord and Landlord shall collect such payments, Tenant hereby waives on behalf of itself all claimsthe Garage Operator, whether based on negligence or other groundsmonthly in advance, against Landlord, its agents at the same time and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long place as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement makes payments of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period Base Rent under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions terms of this Lease.
C. The failure to timely pay (d) In the event the parking spaces covered by the Parking Charge specified abovePermits are not available to Tenant due to causes beyond the control of Landlord or the Garage Operator and Landlord is unable to provide replacement parking to Tenant, neither Landlord nor Garage Operator shall be liable for any damages that Tenant suffers on account thereof, nor shall such fact be construed as a constructive eviction of Tenant, entitle Tenant to an abatement of any Rental or an abatement of the charges for the Parking Permits, or to comply with relieve Tenant from fulfillment of any covenant or agreement hereof.
(e) Landlord or the Garage Operator may make, modify and enforce reasonable rules and regulations governing relating to the parking of vehicles in the Parking Facility, and Tenant agrees to abide by such rules and regulations. Except as expressly provided herein, this Lease does not grant Tenant (or its agents, employees, contractors and visitors) the right to use the Parking Facilities or any other parking areas located on the Land or serving the Building. So long as Landlord ensures that there is sufficient parking available in the Parking Facilities to accommodate the holders of the Parking Permits, Landlord or the Garage Operator may, from time to time, designate specific portions of the Parking Facilities as reserved areas and Tenant shall have no right to park in such reserved areas, except Tenant may park in reserved areas made available to tenants of the Building Garage, including but not limited to the rules establishing time limits extent Tenant has purchased Parking Permits specifically entitling Tenant to use the same. Landlord agrees to make (or cause the Garage Operator to make) parking for Tenant’s guests and visitors available on a non-exclusive basis in the use of said Permits, shall entitle Landlord, Parking Facility. Landlord or the Garage Operator may restrict Tenant’s right to utilize the Parking Permits on weekends and after 6:00 p.m. in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which evening when athletic events are scheduled in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromnearby athletic facilities.
Appears in 2 contracts
Sources: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Throughout the Lease Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforincluding any Option Term), Tenant will pay shall have the right to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, “first-come, first-serve serve” basis. Landlord may elect to establish , in common with other tenants of the Building and free of parking zones charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the Parking Facilities servicing the Building Garage and if as shall be designated by Landlord so elects, from time to time for unreserved parking for the Permits may be issued to specifically identified vehicles and tenants of the Parking Charge may relate to specified zone(s) as determined by LandlordBuilding. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Tenant’s continued right to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right parking spaces is conditioned upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Tenant abiding by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit C and all modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Lease Term in Parking Facilities by Landlord, and/or Landlord’s Parking Operator (as defined below), (B) all rules and regulations which are prescribed from time to time by any common area association of the event Project having rights over the Commencement Date occurs on a date other than Parking Facilities, and (C) all recorded covenants, conditions and restrictions affecting the first day of a calendar monthBuilding and/or the Project, and (ii) for upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the last partial calendar month Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Landlord (and/or any other owners of Marina Village) specifically reserve the right to change the size, configuration, design, layout, location and all other aspects of the Lease Term in the event the term hereof expires on a date other than the last day Parking Facilities (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of a calendar month. Tenant’s obligation Rent under this Lease, from time to pay time, close-off or restrict access to any or all of the Parking Charge Facilities. Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall be considered an obligation have all the rights of control attributed hereby to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay RentLandlord. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence Any parking tax or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained charges imposed by governmental authorities in connection with the use of said Building Garage. Notwithstanding anything in this Section of such parking shall be paid directly by Tenant or the Lease to the contraryparking users, so long as Tenant is not in Default under this Leaseor, if directly imposed against Landlord, Tenant shall be entitled to an abatement of Parking Charges reimburse Landlord for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date all such taxes and/or charges within ten (the “Parking Charge Abatement Period”)10) days after ▇▇▇▇▇▇▇▇’s demand therefor. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking rights provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Article 23 are provided solely for use by Tenant’s own personnel and such rights may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord’s prior approval, except in connection with an assignment of this Lease or at law or sublease of the Premises made in equityaccordance with Article 14 above. During All visitor parking by Tenant’s visitors shall be subject to availability, as reasonably determined by Landlord (and/or the Parking Charge Abatement PeriodOperator, only as the case may be), parking in such visitor parking areas as may be designated by Landlord (and/or the Parking Charges for Operator and/or any common area association of the Permits shall be abatedProject having rights over the Parking Facilities) from time to time, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to payment by such visitors of the provisions of this Lease.
C. The failure to timely pay prevailing visitor parking rate (if any) charged by Landlord (and/or the Parking Charge specified above, or Operator and/or such common area association) from time to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime.
Appears in 2 contracts
Sources: Lease (Scribe Therapeutics, Inc.), Lease (Scribe Therapeutics, Inc.)
Parking. A. Landlord shall make available to TenantAt all times during the Term, provided Tenant is not and conditioned upon this Lease being in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation full force and effect and there being no Event of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforDefault hereunder, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without Parking Spaces designated in Article 1.1 of this Lease, subject to the LandlordRules and Regulations set forth in Exhibit E, and any amendments or additions to such Rules and Regulations. Except as set forth in Article 1.1(t), the Parking Spaces will be used by Tenant and/or Tenant’s prior written consentemployees, guests and/or visitors on an unassigned, nonreserved, and nondesignated basis or such other basis as Landlord directs from time to time. Landlord reserves Each time during the right upon written notice posted in Term that Tenant does not pay for one or more Parking Spaces for three (3) consecutive months, then the Building Garage, number of Parking Spaces which Tenant shall be permitted to change the parking system use for the Building Garage remainder of the Term shall be reduced to provide special requirements the number of Parking Spaces for weekendwhich Tenant has paid during said three (3) consecutive months. The monthly rental shall be current market rental rates per Parking Space per month (for reserved spaces it will be 175% of the market rental rate for unreserved spaces), holiday or after hours usage payable in advance by Tenant to Landlord together with the Monthly Base Rent and subject to temporarily close the Building Garage, or portions thereof adjustment from time to time by Landlord so as to make such repairs or alterations as rental substantially equivalent to then current market rental rates for similar parking spaces at the Project. Notwithstanding the foregoing, Landlord may deem appropriate.
B. In consideration shall ▇▇▇▇▇ the monthly rental for all Parking Spaces for the Permits, Tenant covenants and agrees to pay to first twelve (12) months of Tenant’s occupancy of the Premises. Provided that Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantis using commercially reasonable efforts to, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for diligently pursues to completion of, the (i) first partial calendar month restoration and repair of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthParking Spaces, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation then if Landlord fails to pay provide, or Tenant is not permitted to utilize, the Parking Charge Spaces or any portion thereof for reasons of repair, maintenance or safety, such fact shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall not be deemed to be a default in the payment of Rent. As additional consideration by Landlord but rental for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, Parking Space which is not provided by Landlord shall be abated for so long as Tenant is does not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing have the use of the Building Garage, including but not limited to the rules establishing time limits on the use such Parking Space. Such abatement shall constitute full settlement of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation all claims that Tenant might otherwise have against Landlord by reason of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromsuch failure.
Appears in 2 contracts
Sources: Office Lease, Office Lease (Zillow Inc)
Parking. A. During the term, Tenant and its employees and invitees may use without additional charge by Landlord shall make available a total of up to Tenant2.1 parking spaces for every 1,000 square feet of Premises Rentable Area rounded down to the nearest whole number (initially one hundred sixteen (116) and increasing to one hundred forty-eight (148) as of the Expansion Date), provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at in the Property Building (the “Building GarageParking Facility”) which is used in connection with the operation of the Building). Of said Seven (7) Permits granted All parking spaces made available to Tenant, each Tenant hereunder shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent unreserved and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be available on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by served basis until further notice from Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsTenant may not give any parties, other vehicles shall not be permitted than its employees and any invitees to the Premises, rights to use any of the Building Garage without parking spaces to which Tenant is entitled hereunder. The Parking Facility shall be used for the Landlord’s prior written consentparking of passenger vehicles. Landlord reserves the right upon written notice posted to (a) implement and modify systems to regulate access to and use of the Parking Facility, (b) designate and redesignate reserved and unreserved parking areas within the Parking Facility (for some or all tenants), (c) change entrances or exits and alter traffic flow within the Parking Facility, and (d) modify the Parking Facility to any extent provided that the aggregate number of unreserved parking spaces in the Building Garage, Parking Facility is not materially reduced so as to change deprive Tenant of the parking system for ratio hereinabove specified. Notwithstanding the Building Garage foregoing, Landlord further reserves the right to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, Parking Facility or portions thereof temporarily to make such repairs the extent necessary for maintenance and repairs. Tenant acknowledges that Landlord is not required to provide any security or alterations as Landlord may deem appropriate.
B. In consideration security services for any of the Permits, Parking Facility. Tenant covenants hereby indemnifies and agrees to pay to defend and hold Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, harmless from and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself against all claims, whether based on negligence loss, cost, or other grounds, against Landlord, its agents and employees damage arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section by Tenant and its employees and invitees of the Lease Parking Facility, except to the contrary, so long as extent caused by gross negligence or willful misconduct of Landlord or Landlord’s agent or employees. Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termshall, and any extension thereofshall cause its employees to, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the all reasonable rules and regulations governing the use of the Building Garage, including but not limited pertaining to the rules establishing time limits on Parking Facility, as the use of said Permitssame may be established, shall entitle amended, revised or supplemented by Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (RMR Group Inc.), Lease Agreement (Reit Management & Research Inc.)
Parking. A. Landlord Lessee shall make available have the right to Tenantuse the number of non-exclusive parking spaces located within the Project as designated in Article
1.1. without charge during the Term; except, provided Tenant is not however, notwithstanding anything to the contrary contained in default under this Lease, throughout if a charge, fee, tax or other imposition is assessed against Lessor or the Term Seven (7) Project by applicable governmental authorities based upon use of parking permits (spaces at the “Permits”) Project or is required by applicable governmental authorities to allow access be assessed by Lessor upon users of parking spaces at the Project, then Lessee shall pay its equitable share of such charge, fee, tax or other imposition to Lessor monthly in advance as additional rent. Use of all parking spaces shall be subject to rules and regulations established by Lessor which may be altered at any time and from time to time during the Term. The location of all parking spaces may be designated from time to time by Lessor. Neither Lessee nor Lessee's Agents shall at any time use more parking spaces than the number so allocated to Lessee or park or permit the parking garage located at of their vehicles in any portion of the Property (Parcel not designated by Lessor as a non-exclusive parking area. Lessee and Lessee's Agents shall not have the “Building Garage”) which exclusive right to use any specific parking space, except as expressly stated in this Article 26. Notwithstanding the number of parking spaces designated for Lessee's non-exclusive use, in the event by reason of any rule, regulation, order, law, statute or ordinance of any governmental or quasi-governmental authority relating to or affecting parking on the Parcel, or any cause beyond Lessor's reasonable control, Lessor is used in connection with required to reduce the operation number of parking spaces on the Parcel, Lessor shall have the right to proportionately reduce the number of Lessee's parking spaces and the non-exclusive parking spaces of other tenants of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord Lessor reserves the right upon written notice posted in its reasonable discretion: to determine whether parking facilities are becoming overcrowded and in such event to re-allocate parking spaces among Lessee and other tenants of the Project provided that there is no reduction in the Building Garage, parking made available to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, Lessee pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to Article 1.1. above; to have any vehicles owned by Lessee or Lessee's Agents which are parked in violation of the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, Article 26 or to comply with the Lessor's rules and regulations governing relating to parking, towed away at Lessee's cost, after having given Lessee reasonable notice. In the use of the Building Garage, including but not limited event Lessor elects or is required by any law to the rules establishing time limits limit or control parking on the use Parcel, by validation of said Permits, shall entitle Landlord, in addition to parking tickets or any other remedies provided hereundermethod, Lessee agrees to terminate the Permits and tow any vehicles which are participate in violation of said such validation or other program under such reasonable rules and regulations as are from time to time established by Lessor. Lessor shall have the Building Garage right to close all or any portion of the parking areas at reasonable times for any purpose, including, without limitation, the sole cost prevention of a dedication thereof, or the accrual of rights in any person or the public therein. Employees of Lessee shall be required to park in areas designated for employee parking, if any. The parking areas shall not be used by Lessee or Lessee's Agents for any purpose other than the parking of motor vehicles and expense the ingress and egress of Tenant pedestrians and without liability for damages resulting therefrommotor vehicles.
Appears in 2 contracts
Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under During the Term of this Lease, throughout Tenant shall be entitled to use, at no additional charge (other than to the Term Seven (7) extent included in Operating Expenses and Taxes), the parking permits areas at the Property shown on Exhibit 1.3 attached hereto (the “PermitsParking Areas”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection common with the operation other tenants of the Building. Of said Seven Property, but in any event Tenant’s use shall not exceed the ratio of 3.0 spaces per 1,000 rentable square feet of the Premises (7up to 150 spaces) Permits granted to Tenant, each shall be standard on an unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis, except that Tenant shall have the exclusive right to use the area designated as “Tenant’s Visitor Parking Area” on Exhibit 1.3, attached, for parking by Tenant and its visitors. Landlord may elect to establish parking zones in Landlord, at Tenant’s sole cost and expense, will, by the Building Garage use of signs and if Landlord so electsmarkings, designate the Permits may be issued to specifically identified vehicles and spaces within such area as being intended for the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsuse of Tenant’s visitors, other vehicles but shall not be permitted obligated to police the use of such spaces, which Tenant recognizes are to be operated on a self-parking basis. The Parking Areas shall be available for use twenty-four (24) hours a day, every day of the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord year during the Term, as Additional Rent thereundersubject to Force Majeure, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantcasualty, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthcondemnation, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured illuminated when necessary. Further, Landlord shall keep and maintain the Parking Areas in like manner as is Tenant’s obligation a good and clean condition. Tenant agrees not to pay Rent. Default overburden the Parking Areas and agrees to cooperate with Landlord and other tenants in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garagethe Parking Areas. Notwithstanding anything in Subject to Tenant’s rights set forth herein, Landlord may designate parking facilities at the Property for the handicapped, visitors to the Property, and for exclusive use by other tenants. Landlord may install signage or implement a pass or sticker system to control parking use, and may employ valet parking (including by use of off-site premises) to meet the requirements of this Section Section. To the extent applicable to Tenant’s use of the Lease to the contraryparking spaces, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveLease shall apply, or to comply with the and Landlord may promulgate rules and regulations governing the use of the Building Garagegeneral applicability from time to time with respect to such use. Landlord assumes no responsibility whatsoever for loss or damage due to fire, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition theft or otherwise to any other remedies provided hereunderautomobile(s) parked in the Parking Areas or to any personal property therein, however caused, and Tenant agrees, upon request from Landlord from time to time, to terminate the Permits notify its officers, employees, agents and tow any vehicles which are in violation invitees of said rules and regulations from the Building Garage at the sole cost and expense such limitation of Tenant and without liability for damages resulting therefromliability.
Appears in 2 contracts
Sources: Lease (Kaleido Biosciences, Inc.), Lease (Kaleido Biosciences, Inc.)
Parking. A. (a) Subject to the Rules and Regulations, Tenant and its employees, invitees, assignees, subtenants, and anyone claiming by or under Tenant or for whom ▇▇▇▇▇▇ is responsible (collectively, “Tenant’s Invitees”) are authorized to use Tenant’s Parking Share of the parking spaces in Parking Garage B, in common with Landlord, other tenants of the Project and the general public from time to time. Tenant shall pay to or at the direction of Landlord shall make available and otherwise in accordance with the provisions of the Master Special Permit, a monthly parking charge, in addition to TenantBase Rent, provided for each parking space that Tenant is not authorized to use based on the fair market charge for similar spaces in default under this Lease, throughout the Term Seven (7) parking permits (market area of the “Permits”) to allow access to the parking garage located Project and at the Property (the “Building Garage”) which is used in connection with the operation of same rate charged to similarly situated users at the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined and adjusted by LandlordParking Garage B Owner from time to time. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Tenant shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month permit any of Tenant’s Invitees (other than visitors) to park in spaces designated as “visitor” spaces, (ii) permit any of Tenant’s Invitees to park in spaces designated as “reserved” spaces (unless reserved for Tenant), (iii) permit the total number of passenger automobiles parked in Parking Garage B by Tenant’s Invitees, at any time, to exceed ▇▇▇▇▇▇’s Parking Share of the Lease Term parking spaces existing in the event the Commencement Date occurs on a date Parking Garage B from time to time, (iv) permit any passenger vehicles of Tenant’s Invitees to park in any Parking Areas other than the first day of a calendar monthParking Garage B, and (iiv) except for delivery trucks using designated loading and unloading facilities, permit any of Tenant’s Invitees to park any vehicle on the Project other than passenger automobiles. Landlord and/or Other Landlords may, from time to time, designate one or more spaces in Parking Garage B as reserved for the last partial calendar month exclusive use of one or more of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section tenants of the Lease to the contraryProject and/or for Landlord’s and/or Other Landlords’ Invitees, so long as Landlord causes to be available to Tenant the parking required by this Lease (i.e., Tenant’s Parking Share of parking spaces).
(b) Landlord assigns to Parking Garage B Owner any and all right, title and interest with respect to the parking charges for the parking spaces that Tenant is not in Default under this Lease, Tenant shall be entitled authorized to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date use (the such parking charges being called “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Tenant’s Parking Charges”). If Landlord hereby directs Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails ▇▇▇▇▇▇’s Invitees to cure such Default within any applicable cure period under the Lease, all Abated pay Tenant’s Parking Charges shall immediately become due and payable, and all future rights to Parking Garage B Owner or to an operator of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment Garage B designated by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable Garage B Owner (an “Operator”) pursuant to the provisions of the Master Special Permit, which payments shall satisfy Tenant’s obligations under this LeaseLease with respect to Tenant’s Parking Charges as if they had been made directly to Landlord. Tenant acknowledges that ▇▇▇▇▇▇▇▇ has assigned to Parking Garage B Owner any and all right, title and interest with respect to Tenant’s Parking Charges, and shall pay Tenant’s Parking Charges to Parking Garage B Owner or the Operator when due.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Parabilis Medicines, Inc.), Lease Agreement (Parabilis Medicines, Inc.)
Parking. A. Landlord shall make available to Tenant, provided (a) Provided Tenant is not in default of its obligations under this Lease, throughout the Term Seven (7) parking permits beyond any applicable notice and cure periods, Tenant will have a nonexclusive revocable license (the “PermitsLicense”) during the term of this Lease to allow access park up to the number of cars indicated in the Basic Lease Provisions in the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation area of the BuildingProperty. Of said Seven Landlord will not be responsible to Tenant for enforcing the License or for violation of the License by third parties. Any of the following actions by Tenant and/or Tenant’s Visitors will be deemed a material default under this Lease: (7i) Permits granted to Tenantthe use of more parking spaces than the number indicated in the Basic Lease Provisions; (ii) parking in spaces designated for the exclusive use of other parties, each shall be standard unreserved. In consideration therefor(iii) parking outside of marked parking spaces, Tenant will pay to Landlord as Additional Rent and with each installment (iv) the maintenance, repair or cleaning of Base Rent due under any vehicle in the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysparking area, and Holidays. Except with respect to (v) the violation of any limited reserved other parking that Landlord may establish rules and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined regulations promulgated by Landlord. If the number of parking spaces in the parking area of the Property is reduced by circumstances beyond the reasonable control of Landlord, the number of spaces indicated in the Basic Lease Provisions will be reduced proportionately.
(b) Landlord implements a system whereby only specifically identified will have no liability for any damage to vehicles are granted Permitson the Property or for any loss of property from within such vehicles, other vehicles shall not be permitted or for any injury suffered by Tenant’s employees or Tenant’s Visitors, except to use the Building Garage without the extent such loss, damage or injury is caused solely by Landlord’s prior written consentgross negligence or willful misconduct. Tenant shall advise its employees, Tenant’s Visitors, and any subtenant’s employees of the requirements of this Section 8.4 and Tenant shall be responsible for compliance by such parties with such requirements. If Tenant or Tenant’s Visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations promulgated by Landlord, then Landlord may, at Tenant’s sole cost and expense, tow such vehicles away from the Property and/or attach violation notices to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts to Landlord upon demand. Landlord reserves the right upon written notice posted right, from time to time, to assign and re-assign to Tenant and other tenants of the Building specific parking spaces, and Tenant agrees to be bound thereby, provided that the number of parking spaces indicated in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall Basic Lease Provisions will not be paid monthly in advance as hereinabove providedreduced. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge Nothing contained herein shall be deemed to be a default in impose any obligation on Landlord to police the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseparking area.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Roka BioScience, Inc.), Lease Agreement (Roka BioScience, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout Sublessor has licensed from Master Lessor directly or through the Term Seven (7) parking permits (the “Permits”) to allow access to operator of the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenantgarage, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseif applicable, the Parking Charge number of garage parking spaces set forth below (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement PeriodAllotment”). The 122 spaces total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term8 reserved, and any extension thereofcovered 82 unreserved, and Tenant fails covered 32 unreserved, surface Sublessor hereby licenses to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing Sublessee the use of the Building Garage, including but not limited Parking Allotment on an in and out basis in the parking structure. Sublessee shall pay to Sublessor the current monthly rate charged for each space Sublessor licenses in an amount equal to the rules establishing monthly charge per parking space of Parking Allotment established by Master Lessor from time limits on to time (“Parking Rate”), which monthly Parking Rate for each parking space initially is $45.00 for each unreserved, covered parking space and $55.00 for each reserved, covered parking space. There is no charge for uncovered, unreserved parking spaces. Parking charges shall be subject to adjustment pursuant to Master Lessor's market rate parking charges. Sublessee will be billed monthly and Sublessee shall pay the parking rents (including any taxes thereon) to Sublessor. Notwithstanding the above, the right granted to Sublessee to use any parking spaces is a license only and Sublessor’s inability to make spaces available at any time for reasons beyond Sublessor's reasonable control is not a material breach by Sublessor of said Permitsits obligations hereunder. If Sublessee fails to pay any portion of the parking fee in a timely manner, Sublessor, at its election, may cancel Sublessee’s right to use the number of parking spaces for which Sublessee has failed to pay. All vehicles parked in the parking facilities and the personal property therein shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage be at the sole cost risk of Sublessee and expense the users of Tenant such spaces and without Sublessor shall have no liability for damages resulting therefromloss or damage thereto for whatever cause.
Appears in 2 contracts
Sources: Sub Lease Agreement (Ategrity Specialty Holdings LLC), Sub Lease Agreement (Ategrity Specialty Holdings LLC)
Parking. A. Subject to the remaining provisions of this Paragraph, ------- Landlord grants to Tenant (for the benefit of Tenant and Tenant's Invitees) the right to the non-exclusive use of the parking area within the boundaries of and serving the Project (the "Parking Area"). Tenant's use of the Parking Area shall be free of charge and subject to such rules as Landlord may, in its sole discretion, adopt from time to time with respect to the Parking Area, including without limitation (i) rules providing for the payment of charges or fees by users of the Parking Area (excepting Tenant with respect to its allotted parking for its employees and for its guests, which may require validation by Tenant, provided such validation is at no cost to Tenant) in order to reimburse Landlord for the expense of a parking attendant and/or an automated parking system or to comply with local taxes or fees and in such event the charges or fees shall be deemed Additional Rent, (ii) rules limiting tenants of the Project (including, without limitation, Tenant) to the use of, or excluding the use of, certain parking spaces or certain portions of the Parking Area, in order to maintain the availability of accessible parking spaces for clients, guests, and invitees of tenants of the Project, and (iii) rules limiting tenants of the Project (including without limitation Tenant) to the use of a restricted number of parking spaces or a restricted area. Notwithstanding anything to the contrary in this Paragraph, Landlord may, at its election, construct improvements upon or otherwise alter in any manner the Parking Area provided that Landlord makes reasonable amounts of parking available (or reasonable amounts of parking will remain available) to Tenant elsewhere on the Project, or within a reasonable distance from the Project. Landlord reserves the right to grant certain tenants in the Project the exclusive right to park in specified areas of the Parking Area, to the exclusion of all other tenants. Tenant acknowledges that the exercise of the rights reserved to Landlord under this Paragraph may result in a decrease in the number of parking spaces available to Tenant and Tenant's Invitees, and no such decrease shall affect Tenant's obligations under this Paragraph or entitle Tenant to any abatement of Rent. Notwithstanding anything to the contrary in this Lease, Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits use, no fewer than 3.5 parking spaces in the amount Project per 1,000 Rentable Square Feet of $0.00 per month space occupied by Tenant. See Addendum No. 1. -------------- 12. [***] ----- 8 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the full Term information subject to the confidentiality request. Omissions are designated as [***]. A complete version of the Lease, beginning this exhibit has been filed separately with the Commencement Date (the “Parking Charge Abatement Period”)Securities and Exchange Commission. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the Tenant's sole cost and expense of expense, and in accordance with Paragraph 24, below, install its primary Tenant and without liability identification sign in accordance with the sign criteria for damages resulting therefrom.the Project. See Addendum No. 1. --------------
Appears in 2 contracts
Sources: Standard Full Service Gross Office Lease (Copper Mountain Networks Inc), Standard Full Service Gross Office Lease (Copper Mountain Networks Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation The provisions of the BuildingSpecial MOU regarding City Employee Parking and Commute Options, including all existing and future amendments, shall apply to employees represented by the Engineers and Architects Association. Of said Seven (7) Permits granted to TenantAll City-wide parking and transportation policies promulgated by the Commute Options and Parking Section of the Personnel Department and/or the Joint Labor-Management Committee on Commute Options and Parking shall also apply, each shall be standard unreservedincluding the policies regarding appeals of employee parking issues. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles Such appeals shall not be permitted grievable. Temporary Parking - Occasional Mileage Assignment Employees who are assigned to use receive mileage on an occasional basis, and are not otherwise assigned a mileage parking permit may apply to Parking Services for a temporary parking pass (for one or more days), upon certification by a supervisor in advance that the Building Garage without employee will be assigned to mileage on a specific date(s). Such temporary pass may be requested in lieu of receiving reimbursement for parking on the Landlord’s prior written consentdate of the mileage assignment. Landlord reserves Such permits shall be available only for City owned lots for which temporary permits are normally available. Temporary Parking - Office Relocation It is the right upon written notice posted in understanding of the Building Garage, parties that temporary transition parking for a function relocated to change the civic center area may be provided under the condition that such temporary parking system for the Building Garage shall not exceed 30 days and no more than 10 permits shall be available at any time to any group of City employees. The purpose of such transition parking is to provide special requirements affected employees with the opportunity to arrange carpools, vanpools or public transportation at their new work location. Application for weekendsuch permits shall be submitted by the General Manager of the relocated department on behalf of the group of affected employees. Such permits shall be made available to employees who do not immediately qualify for regular parking permits or a transportation subsidy. If the number of relocated employees exceeds 10, holiday or after hours usage and then it shall be the responsibility of the requesting department to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantdetermine eligibility, and such determination shall not be subject to grievance or appeal to Parking Charge Services. Such permits shall be paid monthly in advance as hereinabove providedavailable only for City-owned lots for which temporary permits are normally available. A pro rata portion of such Parking Charge shall They will not be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation available to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence individual employees who transfer or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasepromote between locations.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Parking. A. Landlord 24.1 During the Lease Term, Tenant and its employees, visitors and other invitees shall make available be entitled to Tenant, provided Tenant is not use unreserved parking spaces for passenger automobiles in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access Parking Facilities in an amount equal to the parking garage located at Parking Space Allotment, subject to Landlord’s rights pursuant to the Property (the “Building Garage”) which is used in connection with the operation remainder of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord this Section and such rules and regulations as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Chargefrom time to time. Such parking shall be in non-exclusive, all tenant parking in the Building Garage will be unassigned spaces on a nonself-reservedpark, firstattendant-comepark, first-serve valet or other basis. Landlord may elect , as from time to establish parking zones in the Building Garage and if Landlord so electstime prescribed by Landlord, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate charge for such permits shall be the prevailing rate charged from time to specified zone(s) as determined time by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsor the Operator (currently $510.00 per space per month, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, subject to change the parking system for the Building Garage at any time and from time to provide special requirements for weekendtime without notice), holiday plus all taxes or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge other governmental surcharges. Such charges shall be paid monthly in advance to the Operator. Except as hereinabove provided. A pro rata portion of such Parking Charge otherwise provided herein, contracts for parking permits shall be payable with the Operator and shall contain the same terms as are usually contained in contracts with other customers of the Operator.. Tenant shall not use the Parking Facilities for the servicing or extended storage of vehicles. Tenant shall not assign, sublet or transfer any permits hereunder, except in connection with any assignment or sublease permitted pursuant to Article VII hereof where parking is provided for in the sublease or assignment. Landlord reserves the right to institute either a Parking Facilities operator system, which may include self-park, attendant-park, valet or other parking arrangements, or to otherwise change the parking system. Notwithstanding the foregoing, Landlord does not guarantee the availability of any such monthly parking permits to Tenant during the second (i2nd) first partial calendar or any subsequent month of the Lease Term in if and to the event the Commencement Date occurs on a date other than extent that Tenant does not purchase any such monthly parking permits during the first day of a calendar month, (1st) month and (ii) for the last partial calendar each subsequent month of the Lease Term (it being understood that if Tenant does not timely purchase any such monthly parking contracts as provided herein but later notifies Landlord in writing of its desire to purchase same, then Landlord shall, upon not less than sixty (60) days’ prior written notice from Tenant, provide Tenant the right to purchase its desired number of monthly parking permits (up to the Parking Space Allotment in the event the term hereof expires on a date other than the last day of a calendar monthaggregate). Tenant’s obligation to pay the Parking Charge Tenant and its employees shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured observe reasonable safety precautions in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period Facilities or any other parking area and shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and times abide by all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building GarageParking Facilities. Tenant acknowledges that particular parking facilities, including but areas or spaces may be designated for exclusive use by particular tenants, occupants, visitors or other users, either generally or at particular times, and Tenant shall comply with all such designations and cause its employees, visitors and other invitees to do the same. Landlord reserves the right to close the Parking Facilities or any other parking area during periods of unusually inclement weather or for alterations, improvements or repairs. Landlord does not limited to the rules establishing time limits on the use of said Permitsassume any responsibility, and shall entitle Landlordnot be held liable, in addition for any damage or loss to any automobile or personal property in or about the Parking Facilities, or for any injury sustained by any person in or about the Parking Facilities. Landlord shall not be liable to Tenant and this Lease shall not be affected if any parking rights hereunder are impaired by any Law imposed after the Lease Commencement Date. Landlord reserves the right to determine whether the Parking Facilities are becoming crowded and to allocate and assign parking spaces among Tenant and the other remedies tenants provided hereunder, to terminate that the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage Parking Space Allotment will not be reduced thereby. Said Parking Space Allotment shall be paid for by Tenant at the sole cost and expense of Tenant and without liability for damages resulting therefromthen current prevailing rate in the Parking Facilities, as such rate may vary from time to time.
Appears in 2 contracts
Sources: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Parking. A. Landlord Tenant shall make available have the right to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven nonexclusive use of sixty-seven (767) parking permits (spaces in the “Permits”) to allow access to common parking area of the Building, which common parking garage located at the Property (the “Building Garage”) which is area may be used by Tenant in connection common with the operation other tenants or occupants of the Building. Of Tenant agrees that Tenant, Tenant’s employees, agents, representatives, and/or invitees shall not use parking spaces in excess of said Seven sixty- seven (767) Permits granted parking spaces allocated to Tenant hereunder. Landlord shall have the right, at Landlord’s sole discretion, to specifically designate the location of Tenant’s parking spaces within the common parking area of the Building, in which event Tenant agrees that Tenant, Tenant’s employees, agents, representatives and/or invitees shall not use any parking spaces other than those parking spaces specifically designated by Landlord for Tenant’s use. Said parking spaces, if specifically designated by Landlord to Tenant, each shall may be standard unreserved. In consideration therefor, Tenant will pay to reasonably relocated by Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysat any time, and Holidays. Except with respect from time to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basistime if necessary. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon give Tenant written notice posted of any change in the Building GarageTenant’s parking spaces. Tenant shall not, to change the parking system for the Building Garage to provide special requirements for weekendat any time, holiday or after hours usage and to temporarily close the Building Garagepark, or portions thereof permit to make such repairs be parked, any trucks or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal vehicles adjacent to the sum of $0.00 per month for each Permit issued loading area so as to Tenant, and such Parking Charge shall be paid monthly interfere in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant’s trucks and other vehicles or the trucks and vehicles of Tenant’s suppliers or others, in this Section any portion of the Lease to the contrary, so long as Tenant is common areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked, any inoperative vehicles or equipment on any portion of the Lease, beginning common parking area or other common areas of the Building. Tenant agrees to assume responsibility for compliance by its employees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provision contained herein. If Tenant Defaults at any time during the Termor its employees park in other than designated parking areas, and any extension thereofthen Landlord may charge Tenant, as an additional charge, and Tenant fails agrees to cure pay Ten Dollars ($10.00) per day for each day or partial day each such Default within vehicle is parking in any applicable cure period under area other than that designated. Tenant hereby authorizes Landlord, at Tenant’s sole expense, to tow away from the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights Building any vehicle belonging to Tenant or Tenant’s employees parked in violation of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified abovethese provisions, or to comply with attach violation stickers or notices to such vehicles; provided, however, that unless any such vehicle is parked in a dangerous and/or designated no parking zone, Landlord will attach a twenty-four (24) hour violation notice on said vehicle prior to having the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations vehicle towed from the Building Garage at Property. Tenant shall use the sole cost parking area for vehicle parking only and expense of Tenant and without liability shall not use the parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Ruckus Wireless Inc)
Parking. A. a. Commencing upon the date that Tenant first conducts its business from the Premises, Landlord shall make available to Tenant, provided provide Tenant is not with five (5) reserved parking spaces in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to such areas of the parking garage located facility for the Building as Landlord may designate from time to time, and Tenant shall pay for such parking at the Property (the “Building Garage”) which is used rate or charge in connection with the operation of effect from time to time for parking in the Building. Of said Seven (7) Permits granted Tenant acknowledges that monthly parking rates apply only to Tenant, each parking during Business Hours on Business Days and that parking outside or beyond such hours shall be standard unreserved. In consideration thereforsubject to additional hourly rates in effect from time to time, and Tenant will pay further acknowledges that the monthly and hourly rates or charges in effect may vary from time to Landlord as Additional Rent and with each installment of Base Rent due under the Leasetime based on, among other things, the Parking Charge time of day, type of parking (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours e.g., valet, self-park, or tandem), occurrence of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays"special events", and Holidays. Except general rate increases.
b. Tenant shall provide Landlord with respect advance written notice of the names of each individual to any limited reserved whom Tenant from time to time distributes Tenant's parking that Landlord may establish rights hereunder, and shall cause each such individual to execute Landlord's standard waiver form for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordgarage users. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenantis not paid when due, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion failure continues for ten (10) days after written notice to Tenant of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthfailure, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, then in addition to any other remedies afforded Landlord under this Lease by reason of nonpayment of rent, Landlord may terminate Tenant's rights under this Paragraph 55. Further, if at any time Tenant releases to Landlord any parking space provided hereunderfor in this Paragraph 55, then Tenant's right under this Paragraph 55 to terminate use such released parking space shall automatically terminate.
c. The parking spaces to be made available to Tenant hereunder may contain a reasonable mix of spaces for compact ears. Landlord shall take reasonable actions to ensure the Permits availability of the parking spaces leased by Tenant, but Landlord does not guarantee the availability of those spaces at all times against the actions of other tenants of the Building and tow users of the parking facility, and Landlord further reserves the right to restrict the hours during which the parking facility is available to Tenant for use of the parking spaces provided to Tenant hereunder to Business Hours on Business Days. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any vehicles which are loss or damage, nor shall there be any abatement of rent hereunder (other than the parking charge paid hereunder for any parking space no longer made available), by reason of any reduction in violation Tenant's parking rights hereunder by reason of said strikes, lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the control of Landlord. Access to the parking spaces to be made available to Tenant shall, at Landlord's option, be by card, pass, bumper sticker, decal or other appropriate identification issued by Landlord, and Tenant's right to use the parking facility is conditioned on Tenant's abiding by and shall otherwise be subject to such rules and regulations as may be promulgated by Landlord from time to time for the Building Garage at parking facility.
d. The parking rights set forth in this Paragraph 55 are non- transferrable, are personal to the sole cost Tenant originally named herein, and expense shall not inure to the benefit of any successor, assignee or subtenant of Tenant other than an Affiliate (as defined in Paragraph 13.g. above). In the event of any assignment or sublease of parking space rights that is approved by Landlord (provided, however, that such approval may be granted or withheld by Landlord in its sole and without liability for damages resulting therefromabsolute discretion), Landlord shall be entitled to receive one hundred percent (100%) of any profit received by Tenant in connection with such assignment or sublease. THIS LEASE IS EXECUTED by Landlord and Tenant as of the date set forth at ---------------------- the top of page 1 hereof.
Appears in 2 contracts
Sources: Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)
Parking. A. Landlord Tenant shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with receive the use of said Building Garage. Notwithstanding anything in this Section the number of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits parking spaces set forth in the amount Basic Lease Information sheet upon Tenant’s compliance with all parking rules and regulations issued from time to time by Landlord and upon payment of $0.00 per month for the full Term of the Leaseprevailing parking rates as in effect from time to time, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults provided however, if at any time during the Term, Tenant ceases to pay any amounts owed for one (1) or more of the parking spaces provided to Tenant, then Tenant shall have no further right to rent such unused space(s) except as provided in the following sentence. Tenant shall have the right to lease from Landlord for Tenant’s use, additional spaces at the prevailing parking rates established from time to time by Landlord, as and any extension thereofwhen made available to Tenant by Landlord. Tenant’s parking rights and privileges are personal to the originally-named Tenant only, and Tenant fails may not be assigned, subleased or otherwise transferred. The parking spaces will not be separately identified and Landlord shall have no obligation to cure such Default within monitor the use of the parking area. If a parking density problem occurs during the Term, Landlord shall address the problem, in its reasonable discretion, which solution may include initiating a valet parking system. All parking shall be subject to any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of rules and regulations adopted by Landlord in its reasonable discretion from time to time. Only automobiles no larger than full size passenger automobiles or pick-up trucks or standard business use vehicles (which do not require parking spaces larger than full size passenger automobiles) may be parked in the Project parking area. Tenant shall not permit or allow any vehicles that belong to the Abated Parking Charges shall be null and void and of no further force or effect. The payment are controlled by Tenant of the Abated Parking Charges or Tenant’s employees, agents, customers or invitees to be loaded, unloaded or parked in the event of a Default shall not limit areas other than those designated by Landlord for such activities. A failure by Tenant or affect any of Landlord’s other rightsits employees, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveagents, or invitees to comply with the rules and regulations governing foregoing provisions shall afford Landlord the use of the Building Garageright, including but not limited to the rules establishing time limits on the use of said Permitsobligation, shall entitle Landlordwithout notice, in addition to any other rights and remedies provided hereunderavailable under this Lease, to terminate remove and to tow away the Permits vehicles involved and tow any vehicles to charge the cost to Tenant, which are in violation of said rules cost shall be immediately due and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrompayable upon demand by Landlord.
Appears in 2 contracts
Sources: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)
Parking. A. Landlord shall make available to Tenant, Parking for the Project will be provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the underground parking garage located at the Property (the “Building Garage”) which is used in connection will be shared with other property owners and may be operated by Landlord or a third party (“Garage Operator”). Parking for the general public including Tenant’s visitors and guests will be available on a space available basis at market rates. Landlord will coordinate with the operation Garage Operator to provide Tenant with the number of parking passes specified in the Basic Provisions. Fees required to be paid by Tenant as set forth elsewhere in this Lease, plus all applicable taxes and governmental charges, shall be paid by Tenant to Landlord or to the Garage Operator, as Additional Rent. Each parking pass shall entitle the holder thereof to park a passenger vehicle in the Garage on an unreserved basis. No specific spaces in the Garage shall be assigned to Tenant or its employees. The holders of Tenant’s parking passes may not park in any spaces reserved for other users. Landlord shall have exclusive control over the day-to-day operations of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisGarage. Landlord may elect make, modify and enforce reasonable rules and regulations relating to establish the Garage, and Tenant shall abide by, and shall cause its employees and invitees to abide by, such rules and regulations. In lieu of providing parking zones stickers or cards, Landlord may use any reasonable alternative means of identifying and controlling vehicles authorized to be parked in the Building Garage. Landlord may from time to time designate areas within the Garage and if for short term, visitor, or hotel parking only. Landlord so elects, the Permits may be issued to specifically identified designate spaces for fuel efficient or plug in vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentonly. Landlord reserves the right upon written notice posted in to alter the Building Garagesize of the Garage and the configuration of parking spaces and driveways therein, to change provided that such alteration does not reduce the number of available parking system for the Building Garage to provide special requirements for weekend, holiday passes or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Tenant’s Guaranteed Parking Passes. Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants assign any unreserved and agrees to pay to Landlord during the Term, as Additional Rent thereunder, unassigned parking spaces and/or make all or a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date spaces reserved or institute any other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garagemeasures, including but not limited to valet parking, that Landlord determines are necessary or desirable to meet tenant requirements or orderly and efficient parking. If Landlord appoints a Garage Operator, the rules establishing time limits Garage Operator may exercise any rights granted to Landlord under this Section. Upon request, Tenant and each holder of a parking pass will execute and deliver a parking agreement with the operator of the Garage on the use operator’s standard form of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate agreement but which must otherwise be consistent with the Permits terms and tow any vehicles which are in violation conditions of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthis Lease.
Appears in 2 contracts
Sources: Office Lease, Office Lease (Redfin CORP)
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex parking spaces per one thousand (1,000) usable square feet leased to Tenant in the common parking areas of the Complex. Except for maintenance of the parking lot provided for herein, parking shall be free unless charges are imposed by any governmental agency having jurisdiction over the property. Tenant agrees, that Tenant, Tenant's employees, agents, representatives and/or invitees shall not use parking spaces in excess of the number of spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord's reasonable sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout 's parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation areas of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges Complex in the event of a Default dispute among the tenants occupying the building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use_ Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant at Landlord's reasonable sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the provisions common parking area. Landlord shall give Tenant written notice of this Lease.
C. The failure any change in Tenant's parking spaces. Tenant shall not, at any time, park or permit to timely pay be parked, any trucks or vehicles adjacent to the Parking Charge specified above, or loading areas so as to comply interfere in any way with the rules and regulations governing the use of such areas, nor shall Tenant at any time park, or permit the Building Garage, including but not limited to parking of Tenant's trucks or other vehicles or the rules establishing time limits on the use trucks and vehicles of said Permits, shall entitle LandlordTenant's suppliers or others, in addition any portion of the Common Area not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other remedies provided hereunderCommon Areas of the Complex. Tenant agrees to assume responsibility for compliance by its employees and invitees with the parking provisions contained herein. Tenant shall use the parking areas for vehicle parking only, to terminate and shall not use the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Sources: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Parking. A. Subject to all matters of record, Force Majeure, and the exercise by Landlord of its rights hereunder, Tenant shall have the right, in common with other tenants of the Project to use Tenant’s pro rata share of the non-reserved parking spaces at the Project at the then-then-current prevailing rate equal to (a) .65 parking spaces per 1,000 rentable square feet of the Premises (or 40 spaces based on 61,591 RSF) for the parking spaces located in the Building at the current monthly fee of $225 per space, and (b) .35 parking spaces per 1,000 rentable square feet of the Premises (or 21 spaces based on 61,591 RSF) for surface parking spaces located on the adjacent lot at the current monthly fee of $175 per space, as such rates may vary from time to time as shown on the parking plan attached hereto as EXHIBIT J (“Parking Plan”). Subject to Landlord’s reasonable requirements or conditions and any applicable Legal Requirements, Tenant may designate and ▇▇▇▇ (by virtue of signage reasonably approved by Landlord) at Tenant’s cost portion of Tenant’s allocated parking spaces for visitor parking on a reserved basis in locations to be reasonably agreed upon by Landlord and Tenant. If additional parking spaces are available in the Building garage or adjacent surface lot, Landlord shall make available offer to Tenant the first right to use such additional spaces on a monthly basis and the parking rates then in effect, subject only to the rights of other tenants of the Building to use pro rata share of the garage and surface lot spaces allocable to such tenants. If Tenant does not such spaces, Landlord shall have the right to allocate such spaces to other occupants in the Landlord shall not be liable to Tenant, and this Lease shall not be affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. The parking spaces shall be subject to such reasonable rules and regulations as may be in effect for the use of the parking garage/areas from time to time (including, without limitation, Landlord’s right, without additional charge to Tenant above the prevailing rate for parking spaces, to institute a valet or attendant-managed parking system) provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow that access to the parking garage spaces by Tenant’s employees shall be on a 24/7 Notwithstanding anything to the contrary contained herein, Landlord shall have the right to the surface parking spaces to the following garages in order of priority: (1) the CambridgeSide Galleria Parking Garage located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in Cambridge; (2) the Property First Street Garage located on Spring Street in Cambridge; and (3) the “Building Garage”) common parking facility that serves the buildings located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 650 East ▇▇▇▇▇▇▇ Street, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇▇ Cambridge), each located in Cambridge. If parking spaces are not available in such garages, then Landlord shall have the right to relocate surface parking spaces to an alternate public parking facility of comparable quality located no further than one quarter mile from the Project and located within the City of Cambridge. Tenant shall be responsible for the actual fee for such offsite parking spaces which is used in connection with fee shall not to exceed the operation published parking rates for monthly parking for the respective parking garage from time to and shall not include any ▇▇▇▇-up of such fee by Landlord or the owner or operator of the Buildingparking garage. Of said Seven If the actual fee for the offsite parking spaces exceeds the published parking rates, shall provide Tenant a credit for the amount by which the actual fee exceeds the published rates on a monthly basis. If the actual fee for the offsite parking spaces is less than the published parking rates, Tenant shall pay Landlord as additional rent the amount by which the published parking rates exceed the actual fee incurred by Tenant on a monthly basis. Within thirty (730) Permits granted days after the Effective Date and each anniversary of the Lease Commencement Date, Tenant shall provide Landlord written notice of the number of parking spaces allocated to Tenant that Tenant is committed to using each year. If the number of parking spaces requested by Tenant is less than the 40 garage spaces and 21 surface spaces allocated to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. then Landlord reserves the right upon written notice posted to allocate the excess parking spaces to other occupants in the Building Garageon monthly basis. Upon sixty (60) days notice from Tenant, Landlord shall arrange for such reallocated parking spaces to change be restored for Tenant’s non-exclusive use. Tenant shall have no right to hypothecate or encumber the parking system for the Building Garage to provide special requirements for weekendspaces, holiday or after hours usage and to temporarily close the Building Garageshall not sublet, assign, or portions thereof otherwise transfer the parking spaces other than to make employees of Tenant occupying the Premises or to a permitted transferee pursuant to Section 17 of this Lease. Tenant shall, at Tenant’s sole expense, for so long as the Parking and Traffic Demand Management Plan dated April 2008 as approved by the City of Cambridge on April 28, 2008, including the conditions set forth in such repairs or alterations approval (as Landlord may deem appropriate.
B. In consideration for amended from time to time, the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal remains applicable to the sum of $0.00 per month for each Permit issued to TenantProject, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month offer to subsidize mass transit monthly passes for all of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and its employees; (ii) for the last partial calendar month implement a Commuter Choice Program; (iii) discourage single-occupant vehicle use by its employees; (iv) promote alternative modes of the Lease Term transportation and use of alternative hours; (v) meet with Landlord and/or its representatives no more than quarterly to discuss transportation programs and initiatives; (vi) participate in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder annual surveys monitoring transportation programs and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained initiatives; (vii) cooperate with Landlord in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, transportation programs and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable initiatives promulgated pursuant to the provisions PTDM; (viii) provide alternative work programs (such as telecommuting, flex-time and compressed work weeks) to its employees in order to reduce traffic impacts in Cambridge during peak commuter hours; and (ix) otherwise cooperate with Landlord in encouraging employees to seek alternate modes of this Leasetransportation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)
Parking. A. Landlord shall make available to Tenant, provided provide Tenant is not in default under this Lease, throughout the Term Seven with two point seven (72.7) parking permits for each one thousand (1,000) square feet in the “Permits”) to allow access to Rentable Area of the parking garage located Leased Premises, at the Property current rate of One Hundred Ninety-one and 78/100 Dollars ($191.78) per parking permit per month (excluding tax), which monthly rate may increase from time to time during the “Building Garage”) which is used Lease Term. If available, additional parking permits may be purchased by Tenant on a month to month basis at the rates set forth above. Tenant’s employees shall not park their vehicles in connection with the operation automobile parking areas of the Building. Of said Seven (7) Permits granted Common Areas and Facilities which may from time to Tenant, each shall time be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment designated for patrons of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisBellevue Place. Landlord may elect at all times shall have the right to establish designate the particular parking zones in the Building Garage areas to be used by Tenant’s employees and if Landlord so elects, the Permits any such designation may be issued changed from time to specifically identified time. Tenant and its employees shall park their vehicles only in those portions of the Common Areas and the Parking Charge may relate to specified zone(s) as determined Facilities, if any, designated for that purpose by Landlord. If Tenant shall furnish Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlordwith Tenant’s prior written consent. Landlord reserves the right upon written notice posted and Tenant’s employees’ state vehicle license numbers within fifteen (15) days after Tenant opens for business in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage Leased Premises and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Tenant shall thereafter notify Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date changes within two (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)2) days after such change occurs. If Tenant Defaults at or its employees fail to park their vehicles in designated parking areas, then Landlord, without limiting any time during other remedy Landlord may have, may charge Tenant a minimum of Ten Dollars ($10.00) per day for each day or partial day for each vehicle improperly parked; provided, however, Landlord shall give Tenant written notice of the Term, and any extension thereof, first violation of this provision and Tenant fails shall have two (2) days thereafter within which to cure cause the violation to be discontinued; and if not discontinued within such Default within two-day period, then the vehicle fines shall commence. After notice of the first such violation, no notice of any applicable cure period under the Lease, all Abated Parking Charges subsequent violation shall immediately become due and payable, and all future rights of Tenant be required prior to the Abated Parking Charges shall be null and void and imposition of no further force or effectany parking fine. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as All amounts due and payable pursuant to under the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules Section shall be additional rent and regulations governing the use due and payable by Tenant within ten (10) days after demand therefor. Tenant shall notify its employees in writing of the Building Garage, including but not limited to the rules establishing time limits on the use provisions of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthis Section.
Appears in 2 contracts
Sources: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not may park in default under this Lease, throughout the Term Seven (7) Building’s parking permits facilities (the “PermitsParking Facility”) to allow access to ), in common with other tenants of the Building, upon the following terms and conditions. Tenant shall not use more than the number of unreserved and/or reserved parking passes set forth in Section 1.9. Tenant shall pay Landlord, in accordance with Section 3, any fees for the parking garage located at the Property (the “Building Garage”) which is used passes described in Section 1.9. Tenant shall pay Landlord any fees, taxes or other charges imposed by any governmental or quasi-governmental agency in connection with the Parking Facility, to the extent such amounts are allocated to Tenant by Landlord. Landlord shall not be liable to Tenant, nor shall this Lease be affected, if any parking is impaired by (or any parking charges are imposed as a result of) any Law. Tenant shall comply with all rules and regulations established by Landlord from time to time for the orderly operation and use of the Parking Facility, including any sticker or other identification system and the prohibition of vehicle repair and maintenance activities in the Parking Facility. Landlord may, in its discretion, allocate and assign parking passes among Tenant and the other tenants in the Building. Of said Seven (7) Permits granted Tenant’s use of the Parking Facility shall be at Tenant’s sole risk, and Landlord shall have no liability for any personal injury or damage to or theft of any vehicles or other property occurring in the Parking Facility or otherwise in connection with any use of the Parking Facility by Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisits employees or invitees. Landlord may elect to establish parking zones in alter the Building Garage and if Landlord so electssize, the Permits may be issued to specifically identified vehicles and configuration, design, layout or any other aspect of the Parking Charge Facility, and, in connection therewith, temporarily deny or restrict access to the Parking Facility, in each case without abatement of Rent or liability to Tenant. Landlord may relate delegate its responsibilities hereunder to specified zone(sa parking operator, in which case (i) as determined such parking operator shall have all the rights of control reserved herein by Landlord, (ii) Tenant shall enter into a parking agreement with such parking operator, (iii) Tenant shall pay such parking operator, rather than Landlord, any charge established hereunder for the parking passes, and (iv) Landlord shall have no liability for claims arising through acts or omissions of such parking operator except to the extent caused by Landlord’s gross negligence or willful misconduct. If Landlord implements a system whereby only specifically identified vehicles Tenant’s parking rights under this Section 24 are granted Permits, other vehicles shall solely for the benefit of Tenant’s employees and invitees and such rights may not be permitted to use the Building Garage transferred without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, except pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasea Transfer permitted under Section 14.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (NeuroSigma, Inc.), Office Lease (NeuroSigma, Inc.)
Parking. A. Landlord During the initial Lease Term, Tenant shall make have the right to lease up to 77 unreserved parking spaces and 6 reserved spaces (collectively, the "Spaces") in, or on the roof of, the Building garage ("Garage") for the use of Tenant and its employees. No deductions or allowances shall be made for days when Tenant or any of its employees does not utilize the parking facilities or for Tenant utilizing less than all of the Spaces. Tenant shall not have the right to lease or otherwise use more than the number of reserved and unreserved Spaces set forth above. In order to lease any of the parking Spaces available to TenantTenant hereunder, provided Tenant is not in default under this Lease, throughout the Term Seven must provide Landlord with at least thirty (730) parking permits (the “Permits”) days prior written notice that it desires to allow access to lease the parking garage located at Spaces in accordance with this Section. Such notice shall specify the Property number of Spaces which Tenant elects to lease hereunder (up to an aggregate of 77 unreserved parking spaces and 6 reserved spaces). If Tenant's notice specifies less than the “Building Garage”) which is used in connection with the operation maximum number of the Building. Of said Seven (7) Permits granted Spaces available to Tenant, each shall be standard unreserved. In consideration thereforTenant hereunder, Tenant will may elect to lease additional Spaces (up to a maximum aggregate of 77 unreserved parking spaces and 6 reserved spaces) by providing subsequent thirty (30) day notices to Landlord.
B. During the initial Lease Term, Tenant shall pay to Landlord Landlord, as Additional Rent and Base Rental in accordance with each installment Article IV of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours sum of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays$45.00 per month, Sundaysplus applicable tax thereon, if any, for each unreserved Space leased by Tenant hereunder, and Holidays. Except with respect the sum of $75.00 per month, plus applicable tax thereon, if any, for each reserved Space leased by Tenant hereunder, as such rates may be adjusted from time-to-time to any limited reserved parking that Landlord may establish and reflect the then current rate for which Landlord may increase the Parking Charge, all tenant parking in the Garage.
C. Except for particular spaces and areas designated by Landlord for reserved parking, all parking in the Garage and surface parking areas serving the Building Garage will shall be on a non-reservedan unreserved, first-come, first-serve served basis.
D. Landlord shall not be responsible for money, jewelry, automobiles or other personal property lost in or stolen from the Garage or the surface parking areas regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Garage or the surface parking areas or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Spaces shall be at the sole risk of Tenant and its employees.
E. Landlord shall have the right from time to time to designate the location of the Spaces and to promulgate reasonable rules and regulations regarding the Garage, the surface parking areas, if any, the Spaces and the use thereof, including, but not limited to, rules and regulations controlling the flow of traffic to and from various parking areas, the angle and direction of parking and the like. Tenant shall comply with and cause its employees to comply with all such rules and regulations as well as all reasonable additions and amendments thereto. Notwithstanding the foregoing, it is agreed that Tenant's reserved Spaces shall not be located on the roof of the Garage and shall be located within reasonable proximity to the Building entrance(s).
F. Tenant shall not store or permit its employees to store any automobiles in the Garage or on the surface parking areas without the prior written consent of Landlord. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Garage or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Garage or on the surface parking areas overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile.
G. Landlord shall have the right to temporarily close the Garage or certain areas therein in order to perform necessary repairs, maintenance and improvements to the Garage or the surface parking areas, if any.
H. Tenant shall not assign or sublease any of the Spaces without the consent of Landlord, which consent shall not be unreasonably withheld or delayed provided such assignment or subletting of Spaces is to a permitted assignee of Tenant's rights under the Lease or a permitted subtenant of all or a portion of the Premises and does not exceed 3 Spaces per 1,000 rentable square feet in such portion of the Premises. Subject to the foregoing, Landlord shall have the right to terminate this Parking Agreement with respect to any Spaces that Tenant desires to sublet or assign.
I. Landlord may elect to establish provide parking zones in cards or keys to control access to the Building Garage or surface parking areas, if any. In such event, Landlord shall provide Tenant with one card or key for each Space that Tenant is leasing hereunder, provided that Landlord shall have the right to require Tenant or its employees to place a deposit on such access cards or keys and if to pay a fee for any lost or damaged cards or keys.
J. Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord hereby reserves the right to enter into a management agreement or lease with an entity for the Garage ("Garage Operator"). In such event, Tenant, upon written notice posted request of Landlord, shall enter into a parking agreement with the Garage Operator and pay the Garage Operator the monthly charge established hereunder, and Landlord shall have no liability for claims arising through acts or omissions of the Garage Operator unless caused by Landlord's negligence or willful misconduct. It is understood and agreed that the identity of the Garage Operator may change from time to time during the Lease Term. In connection therewith, any parking lease or agreement entered into between Tenant and a Garage Operator shall be freely assignable by such Garage Operator or any successors thereto.
K. Landlord agrees that, in the Building Garage, to change the parking system entering into leases for the Building Garage to provide special requirements for weekend, holiday or from and after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum date of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant Landlord shall be entitled not contractually agree to make available more than 3.5 parking spaces in the Garage per 1,000 rentable square feet in any tenant's premises, determined on an abatement of Parking Charges average basis among all leases for the Permits in Building, unless Landlord retains the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at right to revoke or reclaim any time during the Term, and any extension thereof, and Tenant fails to cure parking spaces which exceed such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaselimit.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout (a) During the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforterm, Tenant will pay to Landlord as Additional Rent and with each installment may park one hundred eight (108) of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking its passenger vehicles in the Building Garage will be assigned spaces or on a non-reservedexclusive basis or a combination thereof, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord, in the areas designated by Landlord from time to time for Tenant’s parking (see Exhibit “A”). Tenant will not park in spaces assigned to other tenants or reserved for visitor parking. If Tenant does not use all of its parking spaces, Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted may allow others to use those spaces at no charge, subject to Tenant’s right to promptly reclaim those spaces as and when legitimately needed for Tenant’s parking. Unless Landlord provides additional spaces (through restriping or otherwise), Landlord will not agree to provide parking spaces in the Building Garage without Project to Tenant and the Landlord’s prior written consent. Landlord reserves the right upon written notice posted other tenants in the Building Garageaggregating in excess of the aggregate parking spaces available in the Project.
(b) Tenant understands and agrees that Landlord will not be responsible for, and will not incur any Liabilities to change Tenant or its Affiliates with respect to, and Tenant waives all claims against Landlord and its Affiliates in connection with and assumes the risk of, any acts or omissions occurring within the parking system for the Building Garage to provide special requirements for weekendareas or any entrances and exits thereto or therefrom, holiday or after hours usage and to temporarily close the Building Garageincluding, without limitation, any injuries, death, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles cars or other property while located in the Building Garageproperty, and Tenant will not name Landlord or its Affiliates, or arising out bring any actions of any personal injuries sustained kind against them, in connection with therewith or as a result thereof.
(c) Tenant may not sublease, assign or otherwise Transfer any parking rights except to a permitted assignee or sublessee as part of such permitted assignment or sublease- In addition to Landlord’s rights as set forth in Section 15,1, Landlord may: reasonably limit access to portions of the parking areas; change signs, lanes and the direction of traffic within the parking areas; change, eliminate or add parking spaces or areas devoted to parking; designate the area (or space) within which each authorized automobile may be parked and change any such designation from time to time; establish alternative means of identifying and controlling authorized parking; promulgate rules and regulations; construct additional and/or structured parking; and take any other actions deemed necessary by Landlord, provided that Tenant’s authorized parking spaces will not be reduced nor will Tenant be charged for parking over and above its share of Taxes and Operating Costs related thereto (although if Landlord ever builds structured parking it may condition the use of said Building Garage. Notwithstanding anything in this Section that facility on the payment of the Lease additional parking charges from Tenant and/or any other tenants, but if Tenant refuses to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or additional charges it will not be required to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, park in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthat facility unless Landlord waives those additional charges).
Appears in 2 contracts
Sources: Lease (TransMedics Group, Inc.), Lease Agreement (TransMedics Group, Inc.)
Parking. A. Throughout the Lease Term and any extensions thereof, Landlord shall make available to TenantTenant a number of automobile parking spaces (on an unassigned, provided Tenant is not non-exclusive basis) in default under this Lease, throughout the Term Seven parking area of the Park based on a formula of four (74) parking permits (spaces for each 1,000 square feet of rentable area within the “Permits”) to allow access Leased Premises, rounded up to the nearest whole number of spaces. Such parking garage located shall be at no additional cost to Tenant. The designated parking area for the Property (Building is depicted in Exhibit E attached hereto. Tenant agrees not to overburden the “Building Garage”) which is used parking facilities and agrees to cooperate with Landlord and other tenants in connection with the operation use of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consentfacilities. Landlord reserves the right upon written notice posted in its commercially reasonable discretion to determine whether parking facilities are becoming crowded and, in such event, to allocate parking spaces between Tenant and other tenants, provided that in the Building Garageevent of any such allocation due to crowded parking facilities, (a) Landlord shall not provide reserved parking to change the parking system for any other tenant of the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a without also providing reserved parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and (b) such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation allocated parking provided to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled equal to an abatement or greater than the number of Parking Charges for spaces that would be provided to Tenant based on the Permits formula set forth hereinabove. There will be no assigned parking unless Landlord, in its sole discretion, deems such assigned parking advisable. No vehicle may be repaired or serviced in the amount parking area and any vehicle brought into the parking area by Tenant, or any of $0.00 per month for the full Term of the LeaseTenant’s employees, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Termcontractors or invitees, and any extension thereofdeemed abandoned by Landlord will be towed and all costs thereof shall be borne by the Tenant. All driveways, ingress and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payableegress, and all future rights parking spaces are for the joint use of Tenant to the Abated Parking Charges all tenants. There shall be null and void and of no further force or effect. The payment by Tenant parking permitted on any of the Abated Parking Charges streets or roadways located within the Park. In addition, Tenant agrees that its employees will not park in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasespaces designated visitor parking.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the TermLease Term ALZA (and/or any ALZA Affiliates) or an Unaffiliated Assignee is not the tenant under all Three Leases, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under this Paragraph shall apply. Once the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights ratio of Tenant the square footage size of the Building leased hereunder is determined in relation to the Abated Parking Charges aggregate square footage of all Three Buildings, a specific number of non- exclusive parking spaces shall be null and void and of no further force or effect. The payment assigned to Tenant equating to such ratio multiplied by Tenant all of the Abated Parking Charges parking spaces in the Complex. Tenant shall have the right to use with the other tenants or other occupants of the Complex parking spaces so assigned in the common parking area of the Complex. Tenant agrees that Tenant, Tenant's employees, agents, representatives, and/or invitees shall not use parking spaces in excess of said assigned parking spaces allocated to Tenant hereunder. Landlord shall have the right, at Landlord's reasonable discretion, to specifically designate the location of Tenant's parking spaces within the common parking area of the Complex in the event of a Default dispute among the tenants occupying the Building and/or Complex referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit use any parking spaces other than those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, if specifically designated by Landlord to Tenant, may be relocated by Landlord at any time, and from time to time. Landlord reserves the right, at Landlord's reasonable discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the common parking area. Landlord shall give Tenant written notice of any change in Tenant's parking spaces. Tenant shall not, at any time, park, or affect permit to be parked, any trucks or vehicles adjacent to the loading area so as to interfere in any way with the use of such areas, nor shall Tenant, at any time, park or permit the parking of Tenant's trucks and other vehicles or the trucks and vehicles of Tenant's suppliers or others, in any portion of the common areas not designated by Landlord for such use by Tenant. Tenant shall not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the building. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than designated parking areas, then Landlord may charge Tenant, as an additional charge, and Tenant agrees to pay Ten Dollars ($10.00) per day for each day or partial day each such vehicle is parking in any area other than that designated. Tenant hereby authorizes Landlord’s other rights, pursuant at Tenant's sole expense, to this Lease tow away from the Complex any vehicle belonging to Tenant or at law Tenant's employees parked in violation of these provisions, or in equityto attach violation stickers or notices to such vehicles. Tenant shall use the parking area for vehicle parking only and shall not use the parking areas for storage. During the Parking Charge Abatement Periodtime ALZA (and/or any ALZA Affiliates) or an Unaffiliated Assignee is the tenant under all Three Leases, only Parking Charges the tenant under all Three Leases shall have the right to park in any area designated for parking in the Permits Common Area and the above terms and conditions shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasenot apply.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)
Parking. A. Subject to all matters of record, Force Majeure, a Taking and the exercise by Landlord of its rights hereunder, Tenant shall make available have the right, in common with other tenants of the Project to use Tenant’s pro rata share of the non-reserved parking spaces at the Project at the then-current prevailing rate equal to (a) .65 parking spaces per 1,000 rentable square feet of the Premises (or 28 spaces based on 43,586 RSF) for the parking spaces located in the Building garage at the current monthly fee of $225 per space, and (b) .35 parking spaces per 1,000 rentable square feet of the Premises (or 15 spaces based on 43,586 RSF) for surface parking spaces located on the adjacent lot at the current monthly fee of $175 per space, as such rates may vary from time to time to reflect current fair market parking rates in East Cambridge and ▇▇▇▇▇▇▇ Square, as shown on the parking plan attached hereto as EXHIBIT I (“Parking Plan”). Subject to Landlord’s reasonable requirements or conditions and any applicable Legal Requirements and the rights of Foundation Medicine, Inc. and its successors and assigns (“Foundation Medicine”), Tenant may designate and ▇▇▇▇ (by virtue of signage reasonably approved by Landlord) at Tenant’s cost a portion of Tenant’s allocated parking spaces for visitor parking on a reserved basis in locations to be reasonably agreed upon by Landlord and Tenant. The parking spaces shall be subject to such reasonable rules and regulations as may be in effect for the use of the parking garage/areas from time to time (including, without limitation, Landlord’s right, without additional charge to Tenant above the prevailing fair market rate for parking spaces, to institute a valet or attendant-managed parking system) provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow that access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Buildingspaces by Tenant’s employees shall be on a 24/7 basis. Of said Seven (7) Permits granted Landlord shall not be liable to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles this Lease shall not be permitted affected, if any parking rights of Tenant hereunder are impaired by Applicable Law. Notwithstanding anything to use the Building contrary contained herein, Landlord shall have the right to relocate the surface parking spaces to the following garages in order of priority: (1) the CambridgeSide Galleria Parking Garage without located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ in Cambridge; (2) the Landlord’s prior First Street Garage located on Spring Street in Cambridge; and (3) the common parking facility that serves the buildings located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, 650 East ▇▇▇▇▇▇▇ Street, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ (▇▇▇▇▇▇▇▇▇ Cambridge), each located in Cambridge. If parking spaces are not available in such garages, then Landlord shall have the right to relocate the surface parking spaces to an alternate public parking facility of comparable quality located no further than one third mile from the Project and located within the City of Cambridge. Tenant shall be responsible for the actual fee for such offsite parking spaces which fee shall not to exceed the published parking rates for monthly parking for the respective parking garage from time to time and shall not include any ▇▇▇▇-up of such fee by Landlord or the owner or operator of the parking garage. Within thirty (30) days after the Effective Date and each anniversary of the Lease Commencement Date, Tenant shall provide Landlord written consentnotice of the number of parking spaces allocated to Tenant that Tenant is committed to using each year. If the number of parking spaces requested by Tenant is less than the 28 garage spaces and 15 surface spaces allocated to Tenant, then Landlord reserves the right upon written notice posted to allocate the excess parking spaces to other occupants in the Building Garageon monthly basis. Upon sixty (60) days notice from Tenant, Landlord shall arrange for such reallocated parking spaces to change be restored for Tenant’s non-exclusive use. Tenant shall have no right to hypothecate or encumber the parking system for the Building Garage to provide special requirements for weekendspaces, holiday or after hours usage and to temporarily close the Building Garageshall not sublet, assign, or portions thereof otherwise transfer the parking spaces other than to make employees of Tenant occupying the Premises or to a permitted transferee pursuant to Section 17 of this Lease. Tenant shall, at Tenant’s sole expense, for so long as the Parking and Traffic Demand Management Plan dated April 2008 as approved by the City of Cambridge on April 28, 2008, including the conditions set forth in such repairs or alterations approval (as Landlord may deem appropriate.
B. In consideration for the Permitsamended from time to time, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking ChargePTDM”) equal ), remains applicable to the sum of $0.00 per month for each Permit issued to TenantProject, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month offer to subsidize mass transit monthly passes for all of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and its employees; (ii) for the last partial calendar month implement a Commuter Choice Program; (iii) discourage single-occupant vehicle use by its employees; (iv) promote alternative modes of the Lease Term transportation and use of alternative work hours; (v) meet with Landlord and/or its representatives no more than quarterly to discuss transportation programs and initiatives; (vi) participate in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder annual surveys monitoring transportation programs and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained initiatives; (vii) cooperate with Landlord in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, transportation programs and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable initiatives promulgated pursuant to the provisions PTDM; (viii) provide alternative work programs (such as telecommuting, flex-time and compressed work weeks) to its employees in order to reduce traffic impacts in Cambridge during peak commuter hours; and (ix) otherwise cooperate with Landlord in encouraging employees to seek alternate modes of this Leasetransportation.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)
Parking. A. So long as the Required Conditions are satisfied the Landlord shall agrees to make available to Tenantthe Tenant and the Tenant shall take, provided Tenant is not in default under this Leaseas a licensee as of the commencement of the Fixturing Period, three (3) unreserved parking stalls throughout the Term Seven (7) for the Parking Facility, the size and location of such parking permits (stalls to be determined and designated by the “Permits”) to allow access Landlord in its sole and unfettered discretion, subject to the Tenant executing and delivering the Parking Agreement. The Tenant shall pay parking garage located fees to the Parking Facility Operator throughout the Term at the Property (prevailing rates being charged for parking stalls in the “Building Garage”) Parking Facility, from time to time, which at of this date is used $485.00, per permit per month, plus Goods and Services Tax. Where the prevailing parking rates in connection with the operation of Parking Facility are being generally increased by the Building. Of said Seven (7) Permits granted to TenantLandlord, each the Landlord shall be standard unreserved. In consideration therefor, Tenant will pay entitled to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant Tenant’s parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right fees upon 30 days’ written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and . Each such Parking Charge payment shall be paid monthly made in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar montheach month throughout the Term. At the Tenant’s option, and (ii) for subject to availability, the last partial calendar Landlord shall provide additional parking stalls on a month to month basis throughout the Term. The Tenant’s rights under this section shall terminate upon expiry or earlier termination of the Lease Term or the Landlord taking possession of the Premises. The Tenant acknowledges and agrees further that the Tenant’s rights under this section are contractual rights only and do not form an interest in land. The Tenant’s rights under this section are subject to and superseded by the event Parking Agreement once executed and delivered by the term hereof expires on a date other than Tenant and the last day Landlord. Notwithstanding anything contained in this Lease, the Landlord may terminate the Tenant’s entitlement to use some or all of the parking stalls if for any reason the Landlord will not be able to reasonably make the parking stalls available to the Tenant (including without limitation the demolition of all or part of the Parking Facility or some or all of the parking stalls no longer being available to the Landlord) and the circumstances giving rise to the Landlord’s inability to make the parking stalls available to the Tenant are not of a calendar monthtemporary nature. Tenant’s obligation to pay The Landlord shall whenever possible give the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment Tenant not less than 30 days’ written notice of such Parking Charge termination, provided that in no event shall be deemed the Landlord have any liability to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromprovide such 30 days’ notice.
Appears in 2 contracts
Sources: Office Lease (Adven Inc.), Office Lease (Adven Inc.)
Parking. A. Landlord shall make available to Tenant, provided as Tenant is not in default hereunder and under this the Building 91 Lease, throughout is allocated and shall have the Term Seven non-exclusive right to use 550 parking spaces at the Project in the parking areas serving the Premises described on Exhibit A hereto (7) parking permits (the referred to in this Lease as “PermitsTenant’s Non-Exclusive Parking Area”) for its use and the use of Tenant’s Agents. Tenant shall not at any time use more parking spaces than the number so allocated to allow access to Tenant or park its vehicles or the parking garage located at vehicles of others in any portion of the Property (Project outside of the “Building Garage”) Tenant’s Non-Exclusive Parking Area or in any portion which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to designated by Landlord as Additional Rent and with each installment of Base Rent due under an exclusive parking area. Tenant shall not have the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect exclusive right to use any limited reserved specific parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordspace. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsgrants to any person or other tenant or subtenant the exclusive right to use any particular parking space(s), other vehicles Tenant shall not be permitted to use the Building Garage without the Landlord’s prior written consentsuch spaces. Landlord reserves the right upon written notice posted in the Building Garageright, after having given Tenant reasonable notice, to change have any vehicles owned by Tenant or Tenant’s Agents utilizing parking spaces in excess of the parking system spaces allowed for Tenant’s use or in any portion of the Building Garage Project outside of Tenant’s Non-Exclusive Parking Area, to provide special requirements for weekend, holiday or after hours usage be towed away at Tenant’s cost. All trucks and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge delivery vehicles shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month parked at the rear of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and Premises; (ii) for loaded and unloaded in a manner which does not interfere with the last partial calendar month businesses of Landlord or other occupants of the Lease Term in Project; and (iii) permitted to remain on the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, Project only so long as Tenant is not reasonably necessary to complete loading and unloading. In the event Landlord elects or is required by any Law to limit or control parking in Default under this Leasethe Project, whether by validation of parking tickets or any other method of assessment, Tenant shall be entitled agrees to an abatement of Parking Charges for the Permits participate in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period validation or assessment program under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the such reasonable rules and regulations governing the use as are from time to time established by Landlord, and which shall be non-discriminatory among all occupants of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromProject.
Appears in 2 contracts
Sources: Lease Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Lease Agreement (Avago Technologies LTD)
Parking. A. Except as provided below, during the Term of this Lease, Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven up to seventy-four (774) parking permits (the “Permits”) to allow access to spaces, of which 15 shall be located in the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenantreserved), each and 59 shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under located on the Lease, the Parking Charge surface lots (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved). Landlord’s obligation pursuant to this Section 35 shall be limited to making such spaces available in whatever manner Landlord deems appropriate (attended, first-comeunattended, first-serve basismarked stalls, or other means), so long as the number of spaces referred to in this Section 35 are made available to Tenant. Landlord may elect shall not reduce the available parking at anytime during the first three (3) years of the Term. After the third (3rd) anniversary of the Lease Term, (i) if Landlord should sell Jive Software a portion of the surface parking area, thereafter the number of surface parking spaces available to establish parking zones Tenant shall be reduced in the Building Garage and same proportion as the surface lot area is reduced; (ii) if Landlord so electsshould redevelop the Property and such activity results in a reduction of the available surface lot area, Landlord’s obligations to provide parking during the Permits may redevelopment period shall be issued limited to specifically identified vehicles a total of 18 spaces, 15 of which are reserved in the garage and the Parking Charge may relate 3 spaces at location to specified zone(s) as be determined by Landlord. Landlord shall provide ninety (90) days advance written notice of such reduction. Following the completion of any redevelopment activity, Landlord will use its best efforts to again provide up to seventy-four (74) parking spaces to Tenant for the balance of the Term. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsTenant leases additional space in the Building after the Lease Commencement, other vehicles Landlord’s obligations to provide parking shall be limited to two parking spaces for each 1,000 square feet of additional area leased by Tenant. Tenant shall be required to pay as rental for the spaces made available to, and used by, Tenant the established parking rates for the Building, as adjusted from time to time, and such sum shall be in addition to the Rents payable under this Lease. Tenant shall not be permitted to use park elsewhere at the Building Garage Property without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as which Landlord may deem appropriate.
B. In consideration for withhold at its sole discretion. Tenant shall have the Permits, Tenant covenants and agrees priority to pay to Landlord during the Term, as Additional Rent thereunder, lease additional spaces on a parking charge (the “Parking Charge”) equal monthly basis over any spaces that may be provided to the sum general public (exclusive of $0.00 per month for each Permit issued preservation parking which may be granted to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other neighboring property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”owners). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement, Office Lease Agreement (Jive Software, Inc.)
Parking. A. In the event Parking is provided, in accordance with Section 6 above, and pursuant to the Parking Rules and Regulations contained in this Section 45, parking will be in designated areas only which may be assigned on a unit-by-unit or person-by-person basis. It is expressly understood and agreed by the Tenant that if the Landlord shall make available to Tenant, provided provide parking space that Tenant is not specifically paying for, such use shall be deemed gratuitously provided by Landlord, and that if any person shall use the same, such person does so at his own risk and upon the expressed understanding and stipulation that Landlord shall not be held liable for any loss of or damage to person, personal property or vehicle(s) through theft, casualty, or otherwise. There is absolutely no parking permitted on lawns, in default under this Leasethe front setback (defined as the space between the city sidewalk and front of the building that is outside of the curb cut/driveway), throughout the Term Seven (7) parking permits (the “Permits”) to allow or blocking access to the dumpsters. Improperly parked vehicles will be towed without notice, at vehicle owner’s expense. Guests must find parking garage located at on adjacent streets. Should a Tenant's illegally parked car prevent a dumpster from being emptied, the Property (the “Building Garage”) which is used in connection Tenant shall pay any costs associated with the operation of the Buildinga re-scheduled trash pickup. Of said Seven (7) Permits granted to Tenant, each shall This cost will be standard unreserved. In consideration therefor, Tenant will pay to Landlord as considered Additional Rent and due with each installment the Tenant's next Monthly Installment. Unless otherwise agreed to in writing, parking, if available, is not guaranteed or supervised by the Landlord. • Vehicles without a properly displayed OPM parking pass for the appropriate year will be towed without notice and at the vehicle owner’s expense. • The parking pass shall be placed inside the vehicle on the upper passenger side corner of Base Rent due under the Lease, rear windshield so as to be easily visible from the Parking Charge (hereinafter defined) hereinafter providedoutside of the vehicle. • The Permits shall parking pass may only be valid between used by Tenants provided with parking per their Lease. If the hours of 5:00 a.m. Lease is renewed, Tenant is responsible for obtaining a new parking pass. • All vehicles must be operational and 11:00 p.m. daily must always have current license plates and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidaysinsurance. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking • Park in the Building Garage designated parking area assigned to you; refer to your parking pass. • Do not park in front of or otherwise block dumpsters at any time, otherwise you will be on a nonresponsible for all costs associated with re-reserved, firstscheduling trash pick-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term up in the event the Commencement Date occurs vehicle prevents the trash pick-up. • Do not park in designated “No Parking” areas or in fire lanes. Do not park on lawns or obstruct sidewalks or driveways. Park between the lines and pull all the way into the parking space. • Your parking space may only be used for parking a date two-wheel or four-wheel motorized road vehicle. Commercial vehicles, trailers, boats, motor homes, campers and other than recreational vehicles may not be parked or stored anywhere on the first day of a calendar month, and (ii) for the last partial calendar month grounds of the Lease Term in Property. • No repairs or washing of vehicles shall be permitted on the event Property at any time. • A replacement fee of $25 will be charged for a lost parking pass. If the term hereof expires “lost” parking pass continues to be used, the vehicle will be towed and a fine of $250 will be charged to the account of the Tenant. • If a duplicate or counterfeit parking pass is used, the vehicle(s) will be towed and a fine of $250 will be charged to the account of the Tenant. • Do not alter the information written on the parking pass. • All parking areas are on auto-tow and are regularly patrolled by a date other than towing company. • OPM and/or the last day towing company will not be responsible for reimbursement of a calendar month. Tenant’s obligation towing/storage fees incurred by residents, subtenants, guests, or trespassers as the result of failure to pay abide by any portion of the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder Rules and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid PermitsRegulations, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything contained in this Section 45 or otherwise posted on site by OPM. • It is the sole responsibility of the Lease Tenant to the contrary, so long as Tenant is inform subtenants/guests/etc. of these Parking Rules and Regulations. • OPM shall not in Default under this Lease, Tenant shall be entitled liable for availability of parking spaces or for any injuries or damages to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term persons or property from any cause related to use of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated lot during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)Lease Term. If Tenant Defaults at any time during the Term, and any extension thereof, Vehicle owner and Tenant fails to cure such Default within hereby waive any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null claims against Landlord and void OPM and of no further force holds Landlord and OPM harmless for any such injuries or effectdamages. The payment by Tenant of the Abated Parking Charges in • In the event of a Default shall not limit or affect any of Landlordan assignment/sublease, it is the assignee’s/subtenant’s other rights, pursuant responsibility to this Lease or at law or in equity. During obtain the Parking Charge Abatement Period, only Parking Charges for parking pass from the Permits shall be abatedassignor/sublessor, and all Base Rent, Additional Rent to renew and other costs and charges specified in this Lease shall remain register the parking pass as due and payable pursuant to the provisions of this Leaseapplicable.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Campus Lease Agreement, Campus Lease Agreement
Parking. A. Tenant shall have the right to the nonexclusive use of one hundred seventeen (117) parking spaces in the common parking area of the building. Tenant agrees that Tenant, Tenant's employees, agents, representatives, and/or invitees shall not use parking spaces in excess of said 117 parking spaces allocated to Tenant hereunder. Landlord shall make available have the right, at Landlord's sole discretion, to specifically designate the location of Tenant, provided Tenant is not in default under this Lease, throughout 's parking spaces within the Term Seven (7) common parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation area of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges building in the event of a Default dispute among the tenants occupying the building referred to herein, in which event Tenant agrees that Tenant, Tenant's employees, agents, representatives and/or invitees shall not limit or affect use any of Landlord’s parking spaces other rightsthan those parking spaces specifically designated by Landlord for Tenant's use. Said parking spaces, pursuant if specifically designated by Landlord to this Lease or Tenant, may be relocated by Landlord at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abatedany time, and all Base Rentfrom time to time. Landlord reserves the right, Additional Rent at Landlord's sole discretion, to rescind any specific designation of parking spaces, thereby returning Tenant's parking spaces to the common parking area. Landlord shall give Tenant written notice of any change in Tenant's parking spaces. Tenant shall not, at any time, park, or permit to be parked, any trucks or vehicles adjacent to the loading area so as to interfere in any way with the use of such areas, nor shall Tenant, at any time, park or permit the parking of Tenant's trucks and other costs vehicles or the trucks and charges specified vehicles of Tenant's suppliers or others, in this Lease any portion of the common areas not designated by Landlord for such use by Tenant. Tenant shall remain not park nor permit to be parked, any inoperative vehicles or equipment on any portion of the common parking area or other common areas of the building. Tenant agrees to assume responsibility for compliance by its employees with the parking provision contained herein. If Tenant or its employees park in other than designated parking areas, then Landlord may charge Tenant, as due an additional charge, and payable pursuant Tenant agrees to pay Ten Dollars ($10.00) per day for each day or partial day each such vehicle is parking in any area other than that designated. Tenant hereby authorizes Landlord, at Tenant's sole expense, to tow away from the provisions building any vehicle belonging to Tenant or Tenant's employees parked in violation of this Lease.
C. The failure to timely pay the Parking Charge specified abovethese provisions, or to comply with attach violation stickers or notices to such vehicles. Tenant shall use the rules parking area for vehicle parking only and regulations governing shall not use the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability parking areas for damages resulting therefromstorage.
Appears in 2 contracts
Sources: Lease Agreement (Ciphergen Biosystems Inc), Lease Agreement (Ciphergen Biosystems Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under During the Term of this Lease, throughout Landlord shall provide Tenant with access to parking spaces for the Term Seven benefit of the Property as follows:
(7i) Tenant and Tenant’s employees and visitors shall have the right to park passenger automobiles in up to 33 covered reserved parking permits spaces in the off-site covered parking garage identified on Exhibit H, and up to 15 uncovered reserved parking spaces in the off-site parking lot identified on Exhibit H (referred to herein collectively as the “PermitsParking Facilities”).
(ii) No vehicles shall be left in the Parking Facilities overnight.
(iii) Landlord reserves the right to allow implement and modify systems to regulate access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation and use of the Building. Of said Seven (7) Permits granted to TenantParking Facilities, each shall be standard unreserved. In consideration thereforincluding, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leasewithout limitation, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours use of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdaysparking passes, Sundaysparking stickers, and Holidays. Except with respect card key access or any other system reasonably designated by Landlord.
(iv) Tenant acknowledges that Landlord is not required to provide any security or security services for the Parking Facilities.
(v) Tenant hereby indemnifies and shall hold Landlord harmless from and against all claims, loss, cost, or damage arising out of the use by Tenant and its employees and invitees of the Parking Facilities, except to the extent caused by the willful misconduct of Landlord or Landlord’s agent or employees.
(vi) Landlord reserves the right to designate and redesignate parking areas within the Parking Facilities, to change entrances or exits and alter traffic flow within the Parking Facilities, and to modify the Parking Facilities to any limited reserved parking extent, except that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use reduce the Building Garage number of parking spaces allocated to Tenant in each of the Parking Facilities without the Tenant’s consent.
(vii) Tenant shall cause its employees and invitees to comply with Landlord’s prior written consent. Landlord reserves rules and regulations pertaining to the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the TermParking Facilities, as Additional Rent thereunderthe same may be amended, a parking charge revised or supplemented (the “Parking ChargeFacility Rules and Regulations”) equal ). The failure of Landlord to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month enforce any of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, Parking Facility Rules and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge Regulations against any person shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall not be deemed to be a default in the payment waiver of Rentsuch Parking Facility Rules and Regulations. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges liable for the Permits in the amount of $0.00 per month for the full Term of the Leaseall injuries or damages sustained by Landlord or by other tenants, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force occupants or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use invitees of the Building Garage, including but not limited to or Parking Facilities arising by reason of any breach of the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Parking Facility Rules or Regulations by Tenant and without liability for damages resulting therefromor by Tenant’s employees or invitees.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease (FusionStorm Global, Inc.)
Parking. A. Landlord shall make provide an allocation of 4.75 non-exclusive parking spaces for each 1,000 Useable Square Feet of the Leased Premises (the “Overall Stalls”) within the Project that shall be Generally Available to Tenant of which (a) fifteen (15) of such Overall Stalls shall be covered (but not enclosed) parking stalls which are marked as reserved for Tenant, and (b) ten (10) of such Overall Stalls, but not covered parking stalls, shall include electric car charging stations (five (5) of which will be Tesla charging stations and the other five shall be another brand). Landlord shall have the right to designate parking for visitors of the Building and Tenant agrees to not permit its employees to use such parking. Automobiles of Tenant and all Occupants (as defined above) associated with Tenant shall be parked only within parking areas shown on the Site Plan. Landlord or its agents shall, without any liability to Tenant or its Occupants, have the right to cause to be removed any automobile that may be wrongfully parked in a prohibited or reserved parking area, and Tenant agrees to indemnify, defend, and hold Landlord harmless from and against any and all claims, losses, demands, damages and liabilities asserted or arising with respect to or in connection with any such removal of an automobile. Tenant shall from time to time, upon request of Landlord, supply Landlord with a list of license plate numbers of all automobiles owned by Tenant or its day-to-day Occupants. Tenant acknowledges that although stalls may be marked as reserved for Tenant’s use, Landlord has no obligation to monitor or restrict the use of such parking stalls. “Generally Available” means that parking stalls are available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven on a regular basis seven (7) parking permits days a week, twenty-four (the “Permits”24) hours each day; provided that, because Tenant and other persons entitled to allow access to park in the parking garage located area may have unanticipated or unusual numbers of employees, guests and invitees on any given day or at any given time, “Generally Available” shall not mean that a parking space is always immediately available to Tenant and shall mean that a parking space may be unavailable on an infrequent and irregular basis to Tenant due to unusual and non-recurring circumstances such as special events occurring in the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenantevening or on weekend days, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundaysduring temporary repairs, and Holidays. Except with respect to any limited reserved parking that Landlord may establish during maintenance and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriatereplacement.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)
Parking. A. (a) Effective as of the Commencement Date (as such term is defined in that certain Fourth Amendment to Lease, entered into between Landlord shall make available and Tenant in conjunction with this Lease) and subject to Tenant, provided Tenant is not in default under the other provisions of this Lease, throughout during the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation term of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the this Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Landlord shall provide Tenant in the parking areas for the Building, on an unassigned, non-exclusive and unlabelled basis, four (4) parking spaces per 1,000 rentable square feet of the Lease Term in Premises, rounded down to the event the Commencement Date occurs on a date other than the first day of a calendar monthnearest whole parking space, all at no additional charge to Tenant, and (ii) as part of the spaces described in the foregoing clause (i), Landlord shall use reasonable efforts to provide Tenant with parking spaces in the underbuilding parking area for the last partial calendar month Building, on an unassigned, non-exclusive and unlabelled basis in an amount equal to twenty-five percent (25%), rounded down to the nearest whole parking space, of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If parking spaces provided to Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leaseformula set forth in clause (i), above.
C. (b) Tenant shall provide Landlord with advance written notice of the names of each individual to whom Tenant from time to time distributes Tenant’s parking rights hereunder, and shall cause each such individual to execute Landlord’s standard waiver form for garage users. The failure parking spaces may contain a reasonable mix of spaces for compact cars. The availability of the parking spaces described in Paragraph 51.a is not guaranteed at all times against the actions of other tenants of the Office Park and users of the parking facilities at the Office Park, but Landlord shall use reasonable efforts to timely pay the Parking Charge specified above, or to comply encourage compliance with the rules and regulations governing applicable to such parking facilities and shall not deliberately enforce the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations in a discriminatory manner. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder, by reason of any reduction in Tenant’s parking rights hereunder. Access to the parking spaces to be made available to Tenant shall, at Landlord’s option, be by card, pass, bumper sticker, decal or other appropriate identification issued by Landlord, and Tenant’s right to use the parking facilities is conditioned on Tenant’s abiding by and shall otherwise be subject to such rules and regulations as may be promulgated by Landlord from time to time for such parking facilities.
(c) The parking rights set forth in this Paragraph 51 are non transferable, are personal to the Building Garage at Tenant originally named herein, and shall not inure to the benefit of any successor, assignee or subtenant of Tenant. In the event of any assignment or sublease of parking space rights that is approved by Landlord (provided, however, that such approval may be granted or withheld by Landlord in its sole cost and expense absolute discretion), Landlord shall be entitled to receive one hundred percent (100%) of any profit received by Tenant and without liability for damages resulting therefromin connection with such assignment or sublease of parking space rights.
Appears in 2 contracts
Sources: Lease Agreement, Lease (Lionbridge Technologies Inc /De/)
Parking. A. Landlord shall make available to Tenant, provided Tenant is allocated, and Tenant and its employees and invitees shall have the right to use on an unreserved basis not more than Tenant's Number of Parking Spaces in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of lot serving the Building. Of said Seven (7) Permits granted Tenant shall not, at any time, use or permit its employees or invitees to Tenant, each use more parking spaces than the number so allocated to Tenant Tenant shall be standard unreservednot have the exclusive right to use any specific parking space. In consideration thereforthe event Landlord elects or is required by any Law to limit or control parking within the Project, whether by validation of parking tickets or any other method, Tenant will pay agrees to Landlord participate in such validation or other program as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined reasonably established by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits; provided, other vehicles however, that Tenant shall not in any event be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees required to pay to Landlord during the Termfor Tenant's parking. Tenant shall not, as Additional Rent thereunderat any time, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed park or permit to be a default parked any trucks or vehicles adjacent to entryways or loading areas within the Project so as to interfere in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection way with the use of said Building Garage. Notwithstanding anything such areas, nor shall Tenant, at any time, park or permit the parking of Tenant's trucks or other vehicles, or the trucks and vehicles of Tenant's suppliers or others, in this Section any portion of the Lease to the contrary, so long as Tenant is Common Areas not in Default under this Lease, designated by Landlord for such use by Tenant. Tenant shall not, at any time, park or permit to be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term parked any recreational vehicles, inoperative vehicles or equipment on any portion of the Lease, beginning Common Areas. Tenant agrees to assume responsibility for compliance by its employees and invitees with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)parking provisions contained herein. If Tenant Defaults at or its employees park any time during vehicle within the TermCommon Areas in violation of these provisions, and any extension thereofthen Landlord may charge Tenant, as Additional Rent, and Tenant fails agrees to cure such Default within any applicable cure period under the Leasepay, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base as Additional Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified aboveFifty Dollars ($50) per day for each day or partial day that each such vehicle is illegally parked, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle parked in any area other than that designated. Tenant hereby authorizes Landlord, in addition to any other remedies provided hereunderat Tenant's sole expense, to terminate tow away from the Permits Common Areas and tow store until redeemed by its owner any vehicles which are vehicle belonging to Tenant or Tenant's employees parked in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromthese provisions.
Appears in 2 contracts
Sources: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Parking. A. The Project has five (5) spaces per thousand square feet (or 820 parking spaces), of which twenty (20) spaces will be designated for exclusive use by Tenant in the location set forth on Exhibit G (such parking spaces, the “Tenant Designated Parking”). Prior to the Expansion Space Commencement Date, Landlord shall make install at Tenant’s cost (but subject to including such cost in the T.I. Allowance to the extent of such allowance as provided in Exhibit B) signage indicating that the designated parking spaces are reserved for the exclusive use of Tenant. It is agreed that except for the installation of the parking signage, Landlord shall have no obligation or responsibility to prohibit the use by other persons of the Tenant Designated Parking or to enforce Tenant’s rights or use of the Tenant Designated Parking. Tenant shall be solely responsible for regulating and enforcing the use of the Tenant Designated Parking, and, when enforcing its rights, Tenant hereby agrees that it shall act in a commercially reasonable and non-discriminatory manner and in compliance with all laws. Tenant shall indemnify and hold harmless Landlord from any claim from any person for damage, loss, or expense that arises from any Tenant action to enforce its rights related to the Tenant Designated Parking. During the initial term of this Lease and any renewal term Landlord’s reasonable maintenance expenses incurred in maintaining signage related to the designated parking shall be at Tenant’s sole cost and expense. In addition to the Tenant Designated Parking, Tenant shall have the non-exclusive right to use the parking lot serving the Building. Landlord may make, modify and enforce reasonable rules and regulations relating to the parking of vehicles, and Tenant agrees to abide by such rules and regulations. Except as set forth above, this Lease does not grant Tenant (or its agents, employees, contractors and visitors) the exclusive right to use any parking areas serving the Building. Landlord may, from time to time, designate specific portions of the parking lot as reserved areas for visitors and access for the disabled. Notwithstanding the foregoing, in the event that Tenant’s parking requirements require modification necessitating additional parking spaces for its agents, employees, contractors or visitors, Landlord shall use commercially reasonable efforts to increase the parking spaces available to Tenant, provided Tenant is not in default under this Leaseprovided, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Leasethat, Tenant shall be entitled responsible for any additional expenses or costs incurred by Landlord to an abatement of Parking Charges for increase the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant parking spaces available to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this LeaseTenant.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.
Appears in 2 contracts
Sources: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)
Parking. A. a. Commencing as of the Commencement Date, Landlord shall make available to Tenant, provided provide Tenant is not with valet-type parking for eight (8) automobiles in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven Tenant shall pay for all parking at Landlord’s regular rate or charge from time to time in effect for parking in the Building. Tenant shall provide Landlord with written notice of the names of each party to whom Tenant from time to time distributes Tenant’s parking rights hereunder (7all of whom must be employees, partners, members and/or shareholders, as applicable, of Tenant), and shall cause each such party to execute Landlord’s standard contract and waiver form for garage users. If the parking charge is not paid when due, and such failure continues for five (5) Permits granted days after written notice thereof from Landlord to Tenant, each Landlord may terminate Tenant’s rights under this Paragraph 55 as to the number of spaces as to which the parking charge has not been paid in full. Tenant may transfer all or any of the parking rights set forth in this Paragraph 55 to its permitted assignees, but not to any other parties, and in no event shall the parking rights of Tenant hereunder be assigned separate and apart from this Lease. In the event of any assignment or sublease of parking space rights that is permitted hereunder or otherwise approved by Landlord (provided, however, that such approval may be granted or withheld by Landlord in its sole and absolute discretion), Landlord shall be standard unreservedentitled to receive one hundred percent (100%) of any profit received by Tenant in connection with such assignment or sublease. Further, if at any time during the term hereof, Tenant releases to Landlord any parking space provided for in this paragraph, then Tenant’s right under this paragraph to use such released parking space shall terminate for the balance of the term of this Lease.
b. At Landlord’s election from time to time, Landlord may alternate the parking made available hereunder between valet-type parking and self-parking, on an unassigned, non-exclusive and unlabelled basis. In consideration thereforaddition, Tenant will pay at Landlord’s election from time to time, Landlord as Additional Rent and with each installment of Base Rent due under may change the Leaseparking hereunder to self parking on an assigned basis (subject to Landlord’s right from time to time thereafter to return to valet-type parking or unassigned self-parking). In any case where self-parking shall be in effect, the Parking Charge parking spaces to be made available to Tenant hereunder may contain a reasonable mix of spaces for compact cars. Landlord shall take reasonable actions to ensure the availability of the parking spaces leased by Tenant, but Landlord does not guarantee the availability of those spaces at all times against the actions of other tenants of the Building and users of the parking facility. Without limiting the foregoing, in no event shall this Lease be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage, nor shall there be any abatement of rent hereunder (hereinafter definedother than the parking charge paid hereunder for any parking space no longer made available), by reason of any reduction in Tenant’s parking rights hereunder by reason of strikes, lock-outs, labor disputes, shortages of material or labor, fire, earthquake, flood or other casualty, acts of terror, acts of God, or any other cause (other than financial inability) hereinafter providedbeyond the reasonable control of Landlord (“Force Majeure”). The Permits shall only Access to the parking spaces to be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdaysmade available to Tenant shall, Sundaysat Landlord’s option, be by card, pass, bumper sticker, decal or other appropriate identification issued by Landlord, and HolidaysTenant’s right to use the parking facility is conditioned on Tenant’s abiding by and shall otherwise be subject to such reasonable rules and regulations as may be promulgated by Landlord from time to time for the parking facility. Except with respect THIS LEASE IS EXECUTED by Landlord and Tenant as of the date set forth at the top of page 1 hereof. Landlord: Tenant: 123 MISSION, LLC, a Delaware limited liability company MARIN SOFTWARE, a Delaware corporation By: /s/ Yukinari Shiraishi By: /s/ ▇▇▇▇▇ ▇▇▇▇ Name: Yukinari Shiraishi Name: ▇▇▇▇▇ ▇▇▇▇ Title: Vice President Title: CEO
1. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed or printed or affixed on or to any limited reserved parking that Landlord may establish and for which Landlord may increase part of the Parking Charge, all tenant parking in outside or inside of the Building Garage will or any part of the Premises visible from the exterior of the Premises without the prior written consent of Landlord, which consent may be on a non-reserved, first-come, first-serve basiswithheld in Landlord’s sole discretion. Landlord may elect shall have the right to establish parking zones in remove, at Tenant’s expense and without notice to Tenant, any such sign, placard, picture, advertisement, name or notice that has not been approved by Landlord. All approved signs or lettering on doors and walls shall be printed, painted, affixed or inscribed at the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined expense of Tenant by a person approved of by Landlord. If Landlord implements a system whereby notifies Tenant in writing that Landlord objects to any curtains, blinds, shades or screens attached to or hung in or used in connection with any window or door of the Premises, such use of such curtains, blinds, shades or screens shall be removed immediately by Tenant. No awning shall be permitted on any part of the Premises.
2. No ice, drinking water, towel, barbering or bootblacking, shoeshining or repair services, or other similar services shall be provided to the Premises, except from persons authorized by Landlord and at the hours and under regulations fixed by Landlord.
3. The bulletin board or directory of the Building will be provided exclusively for the display of the name and location of tenants only specifically identified vehicles are granted Permitsand Landlord reserves the right to exclude any other names therefrom.
4. The sidewalks, other vehicles halls, passages, exits, entrances, elevators and stairways shall not be obstructed by any of the Tenant Parties or used by Tenant for any purpose other than for ingress to and egress from its Premises. The halls, passages, exits, entrances, elevators, stairways, balconies and roof are not for the use of the general public and Landlord shall in all cases retain the right to control and prevent access thereto by all persons whose presence in the judgment of Landlord shall be prejudicial to the safety, character, reputation and interests of the Building and its tenants. No tenant and no employees or invitees of any tenant shall go upon the roof of the Building.
5. Tenant shall not alter any lock or install any new or additional locks or any bolts on any interior or exterior door of the Premises without the prior written consent of Landlord.
6. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown therein and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the tenant who, or whose employees or invitees, shall have caused it.
7. Tenant shall not overload the floor of the Premises or ▇▇▇▇, drive nails, screw or drill into the partitions, woodwork or plaster or in any way deface the Premises or any part thereof.
8. No furniture, freight or equipment of any kind shall be brought into the Building without the consent of Landlord and all moving of the same into or out of the Building shall be done at such time and in such manner as Landlord shall designate. Landlord shall have the right to prescribe the weight, size and position of all safes and other heavy equipment brought into the Building and also the times and manner of moving the same in and out of the Building. Safes or other heavy objects shall, if considered necessary by Landlord, stand on a platform of such thickness as is necessary to properly distribute the weight. Landlord will not be responsible for loss of or damage to any such safe or property from any cause, and all damage done to the Building by moving or maintaining any such safe or other property shall be repaired at the expense of Tenant. The elevator designated for freight by Landlord shall be available for use by all tenants in the Building during the hours and pursuant to such procedures as Landlord may determine from time to time. The persons employed to move Tenant’s equipment, material, furniture or other property in or out of the Building must be acceptable to Landlord. The moving company must be a locally recognized professional mover, whose primary business is the performing of relocation services, and must be bonded and fully insured. In no event shall Tenant employ any person or company whose presence may give rise to a labor or other disturbance in the Real Property. A certificate or other verification of such insurance must be received and approved by Landlord prior to the start of any moving operations. Insurance must be sufficient in Landlord’s sole opinion, to cover all personal liability, theft or damage to the Real Property, including, but not limited to, floor coverings, doors, walls, elevators, stairs, foliage and landscaping. Special care must be taken to prevent damage to foliage and landscaping during adverse weather. All moving operations shall be conducted at such times and in such a manner as Landlord shall direct, and all moving shall take place during non-business hours unless Landlord agrees in writing otherwise.
9. Tenant shall not employ any person or persons other than the janitor of Landlord for the purpose of cleaning the Premises, unless otherwise agreed to by Landlord. Except with the written consent of Landlord, no person or persons other than those approved by Landlord shall be permitted to use enter the Building Garage for the purpose of cleaning the Building or the Premises. Tenant shall not cause any unnecessary labor by reason of Tenant’s carelessness or indifference in the preservation of good order and cleanliness.
10. Tenant shall not use, keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building by reason of noise, odors and/or vibrations, or interfere in any way with other tenants or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises or the Building. In no event shall Tenant keep, use, or permit to be used in the Premises or the Building any guns, firearm, explosive devices or ammunition.
11. No cooking shall be done or permitted by Tenant in the Premises, nor shall the Premises be used for the storage of merchandise, for washing clothes, for lodging, or for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, however, Tenant may maintain and use microwave ovens and equipment for brewing coffee, tea, hot chocolate and similar beverages, provided that Tenant shall (i) prevent the emission of any food or cooking odor from leaving the Premises, (ii) be solely responsible for cleaning the areas where such equipment is located and removing food-related waste from the Premises and the Building, or shall pay Landlord’s standard rate for such service as an addition to cleaning services ordinarily provided, (iii) maintain and use such areas solely for Tenant’s employees and business invitees, not as public facilities, and (iv) keep the Premises free of vermin and other pest infestation and shall exterminate, as needed, in a manner and through contractors reasonably approved by Landlord, preventing any emission of odors, due to extermination, from leaving the Premises. Notwithstanding clause (ii) above, Landlord shall, without special charge, empty and remove the contents of one (1) 15-gallon (or smaller) waste container from the food preparation area so long as such container is fully lined with, and the contents can be removed in, a waterproof plastic liner or bag, supplied by Tenant, which will prevent any leakage of food related waste or odors; provided, however, that if at any time Landlord must pay a premium or special charge to Landlord’s cleaning or scavenger contractors for the handling of food-related or so-called “wet” refuse, Landlord’s obligation to provide such removal, without special charge, shall cease.
12. Tenant shall not use or keep in the Premises or the Building any kerosene, gasoline, or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Landlord.
13. Landlord will direct electricians as to where and how telephone and telegraph wires are to be introduced into the Premises and the Building. No boring or cutting for wires will be allowed without the prior consent of Landlord. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the prior approval of Landlord.
14. Upon the expiration or earlier termination of the Lease, Tenant shall deliver to Landlord the keys of offices, rooms and toilet rooms which have been furnished by Landlord to Tenant and any copies of such keys which Tenant has made. In the event Tenant has lost any keys furnished by Landlord, Tenant shall pay Landlord for such keys.
15. Tenant shall not lay linoleum, tile, carpet or other similar floor covering so that the same shall be affixed to the floor of the Premises, except to the extent and in the manner approved in advance by Landlord. The expense of repairing any damage resulting from a violation of this rule or removal of any floor covering shall be borne by the tenant by whom, or by whose contractors, employees or invitees, the damage shall have been caused.
16. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the elevators, except between such hours and in such elevators as shall be designated by Landlord, which elevator usage shall be subject to the Building’s prior written consentcustomary charge therefor as established from time to time by Landlord.
17. On Saturdays, Sundays and legal holidays, and on other days between the hours of 6:00 P.M. and 8:00 A.M., access to the Building, or to the halls, corridors, elevators or stairways in the Building, or to the Premises may be refused unless the person seeking access is known to the person or employee of the Building in charge and has a pass or is properly identified. Landlord shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob, riot, public excitement, or other commotion, Landlord reserves the right to prevent access to the Building during the continuance of the same by closing the doors or otherwise, for the safety of the tenants and protection of property in the Building.
18. Tenant shall be responsible for insuring that the doors of the Premises are closed and securely locked before leaving the Building and must observe strict care and caution that all water faucets or water apparatus are entirely shut off before Tenant or Tenant’s employees leave the Building, and that all electricity, gas or air shall likewise be carefully shut off, so as to prevent waste or damage, and for any default or carelessness Tenant shall make good all injuries sustained by other tenants or occupants of the Building or Landlord. Landlord shall not be responsible to Tenant for loss of property on the Premises, however occurring, or for any damage to the property of Tenant caused by the employees or independent contractors of Landlord or by any other person.
19. Landlord reserves the right upon written notice posted to exclude or expel from the Building any person who, in the Building Garagejudgment of Landlord, to change is intoxicated or under the parking system for the Building Garage to provide special requirements for weekend, holiday influence of liquor or after hours usage and to temporarily close the Building Garagedrugs, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge who shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term any manner do any act in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out violation of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the use of the Building GarageBuilding.
20. The requirements of any tenant will be attended to only upon application at the office of the Building. Employees of Landlord shall not perform any work or do anything outside of their regular duties unless under special instructions from Landlord, including but not limited and no employee will admit any person (tenant or otherwise) to any office without specific instructions from Landlord.
21. No vending machine or machines of any description shall be installed, maintained or operated upon the Premises without the prior written consent of Landlord.
22. Subject to Tenant’s right of access to the rules establishing time limits on the use of said Permits, shall entitle Landlord, Premises in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from the accordance with Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefrom.security proc
Appears in 2 contracts
Sources: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)
Parking. A. Tenant shall be entitled to the non-exclusive use of the parking spaces designated for the Building by Landlord. ▇▇▇▇▇▇ agrees not to overburden the parking facilities and agrees to cooperate with Landlord and other tenants in the use of the parking facilities. Landlord reserves the right in its absolute discretion to determine whether parking facilities are becoming crowded and, in such event, to allocate parking spaces among Tenant and other tenants. In the event that ▇▇▇▇▇▇ becomes aware of another tenant of the Building overburdening the parking facilities designated for the Building, then Tenant may provide written notice (the “Parking Notice”) of such overburdening to Landlord. Upon receipt of the Parking Notice, Landlord shall make available have thirty (30) days to Tenantobserve and assess the alleged overburdening and resolve any overburdening issues. If Landlord is unable to resolve the parking overburdening within said thirty (30) day period, then, provided Tenant is not in default under the terms of this Lease, throughout Landlord shall construct additional parking in the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) areas depicted on Exhibit G attached hereto and made a part hereof, which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours of 5:00 a.m. and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except Landlord’s sole obligation with respect to resolving any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reserved, first-come, first-serve basisoverburdening. Landlord may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles ▇▇▇▇▇▇ further acknowledge and the Parking Charge may relate to specified zone(s) as determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted to use the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriate.
B. In consideration for the Permits, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out of any loss or damage to automobiles or other property while located in the Building Garage, or arising out of any personal injuries sustained in connection with the use of said Building Garage. Notwithstanding anything in this Section of the Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified agree that nothing contained in this Lease shall remain as due and payable pursuant be deemed a representation or promise by Landlord that sufficient parking will be available at any particular time during the Lease Term to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the accommodate ▇▇▇▇▇▇'s use of the Building Garage, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Leased Premises. There will be no assigned parking unless Landlord, in addition to its sole discretion, deems such assigned parking advisable. No vehicle may be repaired or serviced in the parking area and any other remedies provided hereundervehicle brought into the parking area by Tenant, to terminate or any of Tenant's employees, agents, representatives, contractors, customers, guests or invitees, and deemed abandoned by Landlord will be towed and all costs thereof shall be borne by Tenant. All driveways, ingress and egress, and all parking spaces are for the Permits and tow joint use of all tenants. There shall be no parking permitted on any vehicles which are in violation of said rules and regulations from the streets or roadways located around the Building Garage at or within the sole cost and expense of Park. In addition, Tenant and without liability for damages resulting therefromagrees that its employees will not park in the spaces designated visitor parking.
Appears in 2 contracts
Sources: Lease (Pattern Group Inc.), Lease (Pattern Group Inc.)