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. (a) Subject to all matters of record, Force Majeure, a Taking (as defined in Section 19 below) and the exercise by Landlord shall make available to Tenantof its rights hereunder, and provided that Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to pays 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 thereforcharge therefor as required hereunder, Tenant will pay to Landlord as Additional Rent shall have, commencing on the Commencement Date 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 thereunderthe right, a in common with other permitted users, to park vehicles in 15 unreserved vehicle parking charge spaces, of which 8 parking spaces shall be located in the Garage and 7 parking spaces shall be located in the garage located at ▇▇-▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “50-60 Garage”). Such total number of parking spaces is based upon a ratio of 0.85 spaces per 1,000 square feet of “gross floor area” in the Premises, as defined in the Cambridge Zoning Ordinance (“Tenant’s Pro Rata Share of Parking ChargeSpaces”) equal to the sum (i.e., 15 spaces, based upon a “gross floor area” 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 17,738 square feet 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 Premises as defined in the event the term hereof expires on a date other than the last day of a calendar monthCambridge Zoning Ordinance). Tenant’s obligation rights to pay park vehicles in the Parking Charge shall be considered an obligation 50-60 Garage is subject to pay Rent for all purposes thereunder and shall be secured in like manner as is the reservation by Landlord of the right to make available up to 50% of Tenant’s obligation to pay Rent. Default Pro Rata Share of Parking Spaces in the payment 50-60 Garage for use by other parties outside of Business Parking Hours (as hereinafter defined). For the purposes of this Section, “Business Parking Hours” shall mean 7:00 a.m. to 6:00 p.m. Monday through Friday (except for state and national holidays). The rights to park vehicles under this Lease are subject to Landlord’s reasonable rules and regulations for the Garage and the reasonable rules and regulations of the 50-60 Garage, as applicable. Landlord agrees that Landlord will give Tenant notice of such Parking Charge rules and regulations and that such rules and regulations shall not be deemed applied by Landlord in a discriminatory manner with respect to Tenant. Landlord shall not be a default responsible for enforcing Tenant’s parking rights against any third parties, including other tenants of the Project. Landlord may allocate parking spaces among Tenant and other tenants in the payment Project pro rata as described above if Landlord determines that such parking facilities are becoming crowded; provided, however, that such allocation shall not result in a reduction of Rent. As additional consideration for the aforesaid Permitsparking spaces available to Tenant to fewer than 15 parking spaces, Tenant hereby waives on behalf of itself which at least 8 parking spaces shall at 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 times be 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 Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties, including other tenants 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 LeaseProject.
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: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.)
Parking. A. (a) Landlord shall make available to Tenant, provided provide Tenant is not in default under this Lease, throughout the Term Seven with one seventy (7170) parking permits spaces for each full floor of the Premises (parking spaces provided to Tenant hereunder shall hereinafter be referred to as “Tenant’s Parking Spaces”), of which forty-five (45) Tenant’s Parking Spaces shall be located in the “Permits”) underground parking area of the Building and the balance of the Tenant’s Parking Spaces shall be located in the other parking structure located adjacent 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 the forty-five (745) Permits granted to Tenant’s Parking Spaces for each full floor of the Premises located in the underground parking area of the Building, each fifteen (15) of such Tenant’s 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 Chargespaces, 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 designated by Landlord. If From and after the Commencement Date, Tenant shall pay Landlord implements for the Tenant’s Parking Spaces at a system whereby rate of [***] per parking space per month, which monthly parking fee shall increase by [***] per parking space per month every year and Tenant shall pay the charge for Tenant’s Parking Spaces as additional rent monthly on the first day of each month during the term of this Lease together with the Basic Rental payable hereunder. Tenant’s use of Tenant’s Parking Spaces shall be subject to such reasonable and necessary rules and regulations as Landlord shall promulgate from time to time. Tenant shall only specifically identified vehicles are granted Permits, other vehicles shall receive one card for each of Tenant’s Parking Spaces. The right to Tenant’s Parking Spaces is personal to Tenant and may not be permitted to use the Building Garage assigned or subleased without the Landlord’s prior written consent, other than to any subtenant or assignee of this Lease approved by Landlord or otherwise permitted under the terms of this Lease.
(b) Landlord shall cause the Parking Structure to be available for ingress and egress by employees, customers and invitees of Tenant twenty-four (24) hours a day, three hundred sixty-five (365) days per year, under arrangements reasonably satisfactory to Tenant and Landlord and in accordance with the Security Specifications. The Parking Structure shall be used for vehicle parking during the term of this Lease, it being agreed that such facility is a material inducement for Tenant to enter into this Lease. Landlord reserves shall, at its sole cost and expense, cause the Parking Structure to be maintained, repaired and replaced such that it is and remains in a first class condition throughout the term of this Lease. Tenant may not sublease, assign or license its parking spaces to third parties that do not occupy any portion of the Premises or have the right upon written notice posted to occupy any portion of the Premises.
(c) Except as otherwise set forth in this Lease, the Parking Structure shall be operated in accordance with the Rules. The Parking Structure shall be used only for daily parking and no storage of vehicles shall be permitted. Employees of Tenant who are based in the Building Garage, or who are based in other premises in downtown Detroit may not use the visitor parking area in the Parking Structure while at work for Tenant and if an employee of Tenant repeatedly violates such restriction after notice to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage such employee 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 employee shall be deemed to be in triple secret probation of this provision and upon a further violation of this sentence by such employee, Landlord may terminate the parking privileges in the Parking Structure of such employee of Tenant by notice to such employee and to Tenant; provided, however, a breach of the foregoing shall not be a default in the payment or Event 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, but may only result in the loss of parking privileges in the Parking Structure by such employee.
(d) Landlord will cause to be provided to Tenant five hundred (500) validated parking passes per month for all day visitor parking for each parking pass. If Tenant requests additional validated parking passes, Tenant shall be entitled able to an abatement validate such parking, and Tenant shall pay Landlord the sum of Parking Charges Ten Dollars ($10.00) for the Permits such additional visitor all day parking 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”)Structure. If Tenant Defaults has any company wide events at any time the Building during Normal Business Hours, without the Termconsent of Landlord, and any extension thereofTenant will direct no more than one hundred (100) employees to park in visitor parking in the Parking Structure during such event; provided, and Tenant fails to cure such Default within any applicable cure period under however, the Lease, all Abated Parking Charges foregoing shall immediately become due and payable, and all future rights not prevent parking by an employee of Tenant in any Tenant parking space in the Parking Structure, nor shall Tenant be obligated to the Abated Parking Charges patrol where its employees park nor shall be null and void and of no further force or effect. The payment by Tenant a breach 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 foregoing provisions of this sentence be a default or Event of Default under 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 (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Parking. A. (a) Subject to all matters of record, Force Majeure, a Taking (as defined in Section 19 below) and the exercise by Landlord shall make available to Tenantof its rights hereunder, and provided that Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to pays 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 thereforcharge therefor as required hereunder, Tenant will pay to Landlord as Additional Rent shall have, commencing on the Commencement Date 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 thereunderthe right, a in common with other permitted users, to park vehicles in 17 unreserved vehicle parking charge spaces, of which 10 parking spaces shall be located in the Garage and 7 parking spaces shall be located in the garage located at ▇▇-▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “50-60 Garage”). Such total number of parking spaces is based upon a ratio of 0.9 spaces per 1,000 square feet of “gross floor area” in the Premises, as defined in the Cambridge Zoning Ordinance (“Tenant’s Pro Rata Share of Parking ChargeSpaces”) equal to the sum (i.e., 17 spaces, based upon a “gross floor area” 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 19,187 square feet 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 Premises as defined in the event the term hereof expires on a date other than the last day of a calendar monthCambridge Zoning Ordinance). Tenant’s obligation rights to pay park vehicles in the Parking Charge shall be considered an obligation 50-60 Garage is subject to pay Rent for all purposes thereunder and shall be secured in like manner as is the reservation by Landlord of the right to make available up to 50% of Tenant’s obligation to pay Rent. Default Pro Rata Share of Parking Spaces in the payment 50-60 Garage for use by other parties outside of such Business Parking Charge Hours (as hereinafter defined). For the purposes of this Section, “Business Parking Hours” shall be deemed mean 7:00 a.m. to be a default in the payment of Rent. As additional consideration 6:00 p.m. Monday through Friday (except for the aforesaid Permits, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents state 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”national holidays). The total amount of Parking Charges rights to park vehicles under this Lease are subject to Landlord’s rules and regulations 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, Garage 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 50-60 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 as applicable (which are in violation of said rules and regulations from shall not be enforced in a discriminatory manner with respect to Tenant). Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties, including other tenants of the Building Garage at the sole cost and expense of Project. Landlord may allocate parking spaces among Tenant and without liability other tenants in the Project pro rata as described above if Landlord determines that such parking facilities are becoming crowded. Landlord shall not be responsible for damages resulting therefromenforcing Tenant’s parking rights against any third parties, including other tenants of the Project.
Appears in 2 contracts
Sources: Lease Agreement (Tcr2 Therapeutics Inc.), Lease Agreement (Tcr2 Therapeutics Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is entitled, at no additional charge, to the non-exclusive use of the parking facilities, as they exist from time to time and subject Landlord’s rules and regulations regarding the same, including, initially, the right to use three (3) parking spaces per 1,000 RSF of the Premises. The foregoing shall not in default under this Lease, be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the availability of any particular parking spaces or any specific number of parking spaces throughout the Term Seven (7) parking permits (Term. Tenant shall not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment in the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation Common Areas or on any portion of the BuildingProject. 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 at its election upon ten (10) days’ written notice to Tenant reasonably designate in the Building Garage will be on a non-reserved, first-come, first-serve basisdiscriminatory manner the locations within the Project in which Tenant and Tenant’s employees and visitors may park. 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 Landlordinstall and utilize a valet parking system to satisfy Tenant’s prior written consentparking requirements hereunder. Landlord reserves the right upon written notice posted in the Building Garage, Tenant agrees to change notify its employees and invitees of 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”)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, and upon prior written notice to Tenant fails giving Tenant 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 provided hereunderLandlord may have under this Lease, charge Tenant, as Additional Rental, and Tenant agrees to terminate pay, as Additional Rental, One Hundred Dollars ($100) per day for each day or partial day that each such vehicle is so parked within the Permits Project. Landlord reserves the right to grant easements and tow any vehicles which are in violation access rights to others for use of said rules and regulations the parking areas on the Project so long as Tenant’s parking is not reduced materially below Tenant’s proportional share of non-exclusive use of the parking facilities as they exist from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromtime to time.
Appears in 2 contracts
Sources: Lease Agreement (Heartflow, Inc.), Lease Agreement (Heartflow, 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 In addition to the parking rights granted to Tenant in Exhibit "E" of the Original Lease and Section 10 of the First Amendment, Tenant shall make available also have a non-exclusive right to Tenant, provided Tenant is not 3.5 Parking Spaces for every 1,000 square feet of Rentable Area in default under this Lease, throughout the Term Seven (7) parking permits Expansion Space (the "Expansion Parking Spaces") for a total of 87 additional unreserved spaces. If and to the extent available at the time of conversion, Tenant shall have the right to convert up to 4 of the Expansion Parking Spaces into reserved parking spaces located in the Parking Garage and 4 of the Expansion Parking Spaces into Executive Reserved Spaces located in the underground parking areas beneath the Building. A monthly charge of $35.00 plus applicable taxes per Reserved Parking Space shall apply to each of the Reserved Parking Spaces in the Parking Garage (except that the first 12 months after the Expansion Commencement Date shall be free of such charge) and a monthly charge of $75.00 plus applicable taxes per Parking Space shall be assessed for each Executive Reserved Parking Spaces in the Underground Parking Area. If Tenant exercises its right to convert Expansion Parking Spaces into Reserved Parking Spaces, Tenant will be charged for the reserved Parking Spaces regardless of whether the spaces are utilized. There is no monthly charge for unreserved parking spaces. Except as especially set forth in this paragraph, the provisions of Exhibit "E" to the Original Lease shall be applicable to the Expansion Parking Spaces. As of April 1, 2014, Tenant shall have a non-exclusive right to a maximum of 482 Parking Spaces in the Parking Garage. Tenant acknowledges that it will be solely responsible for locating, securing and funding any alternative parking above the 482 vehicles off-site (not on the Complex). Tenant’s employees shall not be allowed to park vehicles in Visitor Parking Spaces at any time. If Tenant requests more than 482 parking access cards for Tenant’s employees, then Landlord may incur additional costs to monitor Tenant’s use of the Parking Garage. Landlord may need to hire an additional security guard to monitor Visitor Parking and/or to install a technology and hardware upgrade to the existing parking access system (“PermitsSystem Upgrade”) to allow access for the interchangeability of Tenant's parking cards. This System Upgrade will allow for Tenant's employees to have ingress and egress to the parking garage located at garage, up to the Property (total number of parking spaces allowed in this Lease. Upon Tenant reaching the “Building Garage”) which is used total number of parking spaces allowed 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 definedparking garage will restrict access to any other Tenant employee(s) hereinafter provideduntil other Tenant employee(s) have exited the garage, thus reducing the number of Tenant employee(s) in the parking garage below the allowed number of parking spaces in the Lease. 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 current bid 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 Landlordthis System Upgrade is estimated at approximately $68,000. If Landlord implements a system whereby only specifically identified vehicles are granted Permitsinstalls the System Upgrade to monitor Tenant’s use of the Parking Garage, other vehicles then Tenant shall not be permitted required to contribute an amount equal to Tenant’s Share towards the cost of the System Upgrade upon installation. The System Upgrade will be installed so that the garage/property manager will be able 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 every car that enters and exits the Building Garage to provide special requirements for weekendgarage, 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 regardless of the Lease Term in tenant(s) using 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 Leasesystem.
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, Office Lease Agreement (FSP Galleria North Corp)
Parking. A. Landlord Resident acknowledges that parking is available in the designated parking areas at the Facility on a first come, first served basis. A limited number of reserved parking spaces will be available for rent for use by Residents of the Facility who have leased an individual parking space for the Monthly Parking Fee. If Resident has elected to lease a parking space in the facility, Resident shall make available pay the amount listed below each month along with monthly Rent Installment. If no Parking Confirmation or Monthly Parking Fee is listed below resident will not have access to Tenant, provided Tenant a parking space in the facility. The terms of this Addendum shall coincide with the terms of the Contract and shall automatically expire upon the expiration of the Contract or any renewal or extension of the Contract. In the event the parking space is not maintained properly, is damaged, or is otherwise not returned in default under this Leasea condition satisfactory to Landlord at the End Date or the earlier termination of the Contract, throughout Resident shall pay to Landlord the Term Seven (7) cost of repairs to the parking permits space. Parking Confirmation: Monthly Parking Fee: $
a. The Parking Permit and an Access Device, to the extent applicable, will be issued at move-in. Resident’s Parking Permit is only valid for the vehicle Resident has registered with Landlord, (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 PeriodRegistered Vehicle”). The total amount Parking Permit shall be displayed at all times in the lower left-hand corner of Parking Charges for the Permits abated during front windshield of the Registered Vehicle. If the Parking Charge Abatement Period shall equal $0.00 (Permit is placed anywhere else or is not visible, the “Abated Parking Charges”)Registered Vehicle is subject to being towed or booted at Resident’s expense. Resident shall, without delay, provide Landlord with written notice if Resident has a change in vehicle, license plate, or both. If Tenant Defaults Resident loses the Parking Permit, Resident shall promptly obtain a replacement from Landlord and pay the Replacement Parking Permit Fee.
b. Resident shall only park in designated parking spaces or, if applicable, Resident’s assigned parking space. Landlord has the right to have Resident’s vehicle towed or booted at any time during the TermResident’s expense if such vehicle (i) is parked in a loading zone, and any extension thereoffire lane, and Tenant fails on landscaping or grass, in front of dumpsters (if any) or on curbs, (ii) is double parked, (iii) appears to cure such Default within any applicable cure period under the Leasebe abandoned, all Abated Parking Charges shall immediately become due and payable(iv) is not, and all future rights with respect to Resident only, a Registered Vehicle, (v) appears to be in a state of Tenant disrepair, (vi) causes damage 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 aboveparking facilities, or to comply with the rules and regulations governing the use of the Building Garage, including but (vii) does 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 therefromhave a current registration or inspection.
Appears in 2 contracts
Sources: Housing Contract, Housing Contract
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. (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 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. 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 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 Eighty-five and 00/100 Dollars ($185.00) 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. As of the Rent Commencement Date, Landlord shall make available hereby leases to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven one (71) parking permits (stall contained in the “Permits”) to allow access to the lower level 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 within 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 ChargeSpace”) equal and Tenant hereby accepts and leases the Parking Space in its “as is” condition from Landlord for the Term and extended term, unless sooner terminated pursuant to any provision set forth in this Lease. Commencing on the sum Rent Commencement Date, Tenant shall pay Landlord monthly, as Additional Rent, at the rate of One Hundred Fifty and 00/100 Dollars ($0.00 150.00) per month for each Permit issued to Tenantper Parking Space, plus any and such all taxes (“Parking Charge Rent”). Parking Rent shall be paid in equal monthly in advance installments, as hereinabove provided. A pro rata portion of such Additional Rent, The Parking Charge shall Space and the Premises may 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 treated separately by Landlord under the Lease, all Abated Parking Charges terms of this Lease and Landlord shall immediately become due and payable, and all future rights of Tenant not be required 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 provide any improvements in the event of a Default relocation of the Parking Space. Tenant shall use the Parking Space for parking passenger vehicles and for no other purpose. Parking shall be at the sole risk of Tenant and Tenant assumes all risk for damage which may occur to any vehicle. The Parking Space shall only be furnished such heat as legally required and shall not limit or be furnished with air conditioning. Landlord shall maintain the parking garage as an Operating Expense. The Parking Space will not affect any the determination of LandlordTenant’s other rightsPro Rata Share. Except as provided in this Paragraph 8, pursuant Tenant’s occupancy of the Parking Space shall be subject to all of the terms and conditions of this Lease or at law or in equity. During as if the Parking Charge Abatement Period, only Parking Charges for Space was included in 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 definition of “Premises”. Failure 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 Rent shall constitute an Event 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 therefromDefault.
Appears in 2 contracts
Sources: Lease (DiaMedica Therapeutics Inc.), Lease (DiaMedica Therapeutics 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. Commencing upon the Commencement Date and continuing throughout the Lease term, Landlord shall make available for lease 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 facility 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 ChargeFacility”), on an unassigned, non-exclusive and unlabelled basis, the greater of (i) equal one hundred (100) parking spaces or (ii) one (1) parking space for each 3,000 rentable square feet of space then leased by Tenant hereunder from time to time. For the first twenty-four (24) months of the Lease term, Tenant shall not pay any fee for the aforementioned parking spaces. Commencing on the expiration of such 24-month period and continuing through the end of the Fifth Lease Year (as defined in Paragraph 2.c. above), Tenant shall pay Landlord or the operator of the Parking Facility, as directed by Landlord, the sum of One Hundred Ninety-Five Dollars ($0.00 195.00) per month for each Permit issued parking space. After the end of Fifth Lease Year and continuing through the end of the Lease term (as the same may be extended) Tenant shall pay for the parking spaces at the rate or charge in effect from time to time for parking in the Parking Facility. Subject to the foregoing, Tenant acknowledges that the monthly and hourly rates or charges in effect may vary from time to time based on, among other things, the time of day, type of parking (e.g., valet, self-park, or tandem) and general rate increases. The aforementioned parking charges shall be in addition to all taxes, assessments or other impositions imposed by any governmental entity in connection with Tenant’s use of the parking spaces, and such Parking Charge which taxes shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge by Tenant, or if required to be paid by Landlord, shall be payable for the reimbursed to Landlord by Tenant (iin either case as rent) 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 concurrently with the payment of such the parking charges described above. If the Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration Facility provides space 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 Leasemotorcycle parking, Tenant shall be entitled to an abatement of Parking Charges lease the same, subject to availability and at the parking charge in effect from time to time for the Permits motorcycle parking in the amount of $0.00 per month for Parking Facility. Notwithstanding anything to the full Term contrary in above, Tenant shall not be required to accept all of the Lease, beginning with parking spaces allocated to Tenant above and shall only pay for those parking spaces actually accepted by Tenant. Tenant shall advise Landlord of the Commencement Date (the “Parking Charge Abatement Period”). 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”)parking spaces Tenant desires from time to time. If Tenant Defaults at any desires to lease a parking space(s) not previously accepted by Tenant, Tenant shall advise Landlord thereof in writing and Landlord shall make such parking spaces available to Tenant hereunder; provided, however, if Landlord has to terminate another tenant’s month-to-month parking space to make the requested parking space available to Tenant, Landlord shall have a period of up to thirty-five (35) days to make the subject space available to Tenant.
b. Tenant shall provide Landlord with advance written notice of the names of each individual to whom Tenant from time during to time distributes Tenant’s parking rights hereunder (unless Landlord and Tenant agree to a different system by which Tenant advises Landlord of which employees of Tenant are entitled to receive or use parking passes for the TermParking Facility), and any extension thereofshall cause each such individual to execute the standard waiver form for garage users used in the Parking Facilities. If the parking charge for a particular parking space is not paid when due, and Tenant fails such failure continues for thirty (30) days after written notice 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 rightssuch failure, 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 provided hereunderafforded Landlord under this Lease by reason of nonpayment of rent, Landlord may terminate Tenant’s rights under this Paragraph 53 as to terminate such parking space.
c. The 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 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 Project and tow users of the Parking Facilities. 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 reasonable 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 facilities is conditioned on Tenant’s abiding by and shall otherwise be subject to such reasonable rules and regulations as may be promulgated by Landlord or Landlord’s designee from time to time for the Parking Facilities. Subject to Tenant’s rights as set forth in this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ shall have the right to modify, change, add to or delete the design, configuration, layout, size, ingress, egress, areas, method of operation, and other characteristics of or relating to the Parking Facilities at any time, and/or to provide for nonuse, partial use or restricted use of portions thereof; provided that no such modification will diminish the number of spaces available to Tenant.
d. The parking rights provided to Tenant pursuant to this Paragraph 53 are provided to Tenant solely for use by officers, directors, and employees of Tenant, and such rights may not otherwise be transferred, assigned, subleased or otherwise alienated by Tenant to any other type of transferee without Landlord’s prior written approval, which may be withheld in Landlord’s sole discretion; provided, however, that such rights may be assigned on a pro-rata basis to any assignee or subtenant that is leasing or subleasing space as permitted, and in accordance with, Paragraph 13 above.
e. Landlord shall make available for visitors and retail customers of the Building Garage at not less than one hundred (100) visitor parking spaces in the sole cost Parking Facility and expense of Tenant Landlord may charge a reasonable and without liability customary fee for damages resulting therefromsuch visitor parking.
Appears in 2 contracts
Sources: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Parking. A. Landlord Tenant and Tenant’s employees, customers and invitees shall make available have the exclusive right to use all eight hundred six (806) parking spaces located within the parking areas on the Building Parcel at no additional cost to Tenant. Provided, provided Tenant is not in default under this Leasehowever, throughout notwithstanding the Term Seven foregoing, three hundred forty-one (7341) of such eight hundred six (806) parking permits spaces shall be covered parking spaces, in locations mutually acceptable to Landlord and Tenant (the “PermitsCovered 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 The Covered Spaces shall be standard unreservedsubject to a rental rate of Thirty and No/100ths Dollars ($30.00) per month per covered parking space, plus any applicable sales or use taxes, payable by Tenant as additional Rent on the first day of each month throughout the Term. 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 Term commences on a date other than the first day of a calendar month, and (ii) the additional Rent for the last Covered Spaces for such partial calendar month shall be prorated based upon the actual number of days of the Lease Term in the event the term hereof expires on a date other than the last day of a calendar during such month. Tenant’s obligation right to pay use the Parking Charge parking spaces located within the Project is limited to the parking of passenger motor vehicles, and Tenant shall not permit its employees, customers and invitees to use the parking areas for the parking of buses, trucks, RVs, boats or other equipment. Tenant shall not permit vehicles to be abandoned or stored in the Project’s parking areas. Tenant’s use and the use by Tenant’s employees, customers and invitees, of the Project’s parking areas shall be considered an obligation at the sole risk of Tenant, and Landlord shall not be liable for any damage to pay Rent for all purposes thereunder and shall be secured in like manner as is any vehicle brought onto the Project by Tenant or Tenant’s obligation employees, customers or invitees. Tenant, at Tenant’s sole cost, may convert no less than ten (10) parking stalls 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 Permitsvehicle charging stations; however, Tenant hereby waives on behalf of itself all claims, whether based on negligence or other grounds, against Landlord, its agents and employees arising out may apply funds from the Tenant Improvement Allowance toward the costs 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 Garagesuch conversion. 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 all financial benefits arising out 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 or relating 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 installation and/or use of the Building Garagesuch vehicle charging stations, including but not limited to the rules establishing time limits on the use of said Permitswithout limitation any utility savings, shall entitle Landlordrebates, 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 therefromtax credits or deductions.
Appears in 1 contract
Sources: Single Tenant Office Lease (Bridgepoint Education 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 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 unreserved parking spots in the amount Project, at no cost to Tenant, in a location designated by Landlord. Upon request of $0.00 per month for the full Term Landlord, Tenant will furnish to Landlord a complete list of the Leaselicense numbers of all automobiles operated by Tenant, beginning with its employees, subtenants, licensees or concessionaires. Landlord reserves the Commencement Date (right to redesignate parking areas in the “Parking Charge Abatement Period”)Project. The total amount Tenant shall not leave any vehicle in a state of Parking Charges for disrepair, including without limitation, flat tire, out of date inspection stickers, or license plates on the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)Project. If Tenant Defaults or its employees, park their vehicles in areas other than the designated parking areas or leave any vehicle. in a state of disrepair, Landlord shall have the right to remove such vehicles at Tenant’s expense. Notwithstanding the foregoing, Landlord disclaims any time during the Term, and obligation to enforce Tenant’s parking rights and. Tenant hereby releases Landlord from 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 effectobligation. The payment by Tenant of the Abated Parking Charges Notwithstanding anything 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 any rules and regulations governing to the contrary, Tenant may designate up to six parking spaces near Tenant’s primary building entrance for visitor parking and install signs indicating their reserved status. Tenant may designate up to four parking spaces as electric vehicle charge stations for Tenant’s exclusive use and install signs indicating their restricted status. Tenant may designate parking spaces in the rear of the building for Tenant’s exclusive use as mutually determined by Landlord and Tenant. Such spaces will be in that area intended for truck loading per the site plan. Tenant may paint parking stripes as needed to identify and delineate the parking spaces and may install signs indicating their restricted and reserved status. Landlord and Tenant acknowledge that Landlord agrees to the foregoing use of the Building Garageparking area, including but not limited Landlord shall have no responsibility or obligation to patrol 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 therefromparking area or enforce Tenant’s rights under this Section 28.
Appears in 1 contract
Parking. A. Subject to all matters of record, Force Majeure, a Taking (as defined in Section 19 below) 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 Tenantuse up to 1.6 parking spaces per 1,000 rentable square feet of the Premises (“Parking Space Cap”), 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 serving the Property (the “Building Garage”) which is used Project 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 those areas designated for which Landlord may increase the Parking Charge, all tenant parking in the Building Garage will be on a non-reservedreserved parking, first-come, first-serve basis. Landlord may elect subject in each case to establish parking zones in the Building Garage Landlord’s rules and if Landlord so elects, the Permits may be issued to specifically identified vehicles regulations 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 Permitspayment, other vehicles shall not be permitted to use commencing on the Building Garage without the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building GarageCommencement Date, 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 $0.00 200.00 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 parking space plus applicable taxes (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”). On each annual anniversary of the Commencement Date, the per parking space Parking Charges payable by Tenant shall be increased annually by Landlord to the then-current market rate for parking spaces in similar parking garages serving Class A laboratory/office buildings in the South Lake Union area of Seattle, as reasonably determined by Landlord; provided, however, that in no event shall the Parking Charges be increased in any calendar year by more than 5% over the Parking Charges payable by Tenant during the immediately preceding calendar year. Tenant shall deliver written notice to Landlord on or before the date that is 30 days prior to the Commencement Date reflecting the number of parking spaces, up to the Parking Space Cap, that Tenant has elected to use as of the Commencement Date. Subject to the immediately following sentence, Tenant shall have the right, upon 30 days’ written notice to Landlord, to increase or decrease the number of parking spaces being used by Tenant; provided, however, that in no event shall Tenant be entitled to use any parking spaces in excess of the Parking Space Cap. If Tenant Defaults at any time during has delivered written notice to Landlord requesting additional parking spaces and Landlord determines that the Termadditional parking spaces desired by Tenant (not to exceed the Parking Space Cap) are available for use by Tenant, and any extension thereof, Landlord shall notify Tenant in writing and Tenant fails to cure shall commence leasing and paying for such Default within additional parking spaces on the date that is 30 days after Landlord’s receipt of Tenant’s written notice. Landlord shall not be responsible for enforcing Tenant’s parking rights against any applicable cure period under the Leasethird parties, 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 including other tenants 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 LeaseProject.
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 1 contract
Parking. A. Landlord shall make available hereby leases to Tenant, provided Tenant is not and Tenant hereby accepts from Landlord the following parking spaces: 141 reserved or unreserved parking spaces in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access Parking Garage contiguous to the Building and (ii) 50 unreserved parking garage spaces in the off-site parking lot located at the Property corner of ▇▇▇▇▇▇▇▇ and Oak Streets (collectively, the “Building GarageParking Facilities”) which ). Pricing for each such parking space shall be as follows: $130.00 per reserved parking space, $80.00 per unreserved parking space, and $50.00 per off-site parking space. Pricing is used in connection subject to increase each Lease year. Tenant shall advise Landlord on or before October 1, 2006 how many of its parking spaces it wants to be reserved spaces. Tenant may change such designation of its parking spaces from time to time. Tenant shall at all times comply with all Laws respecting 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 to adopt, modify, and enforce reasonable rules and regulations governing the operation and use of the Parking Facilities from time to time. Tenant shall have access to the Parking Facilities at all times except as may be required for maintenance and repair. Landlord may refuse to permit any person who violates such rules and regulations to park in the Building GarageParking Facilities, and any violation of the rules and regulations shall subject the car to change removal from the Parking Facilities. Tenant may validate visitor parking system for the Building Garage to provide special requirements for weekend, holiday by such method or after hours usage and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations methods as Landlord may deem appropriate.
B. In consideration approve, at the validation rate from time to time generally applicable to visitor parking. Except for reserved parking, the parking spaces provided hereunder shall be provided on an unreserved, “first-come, first served” basis. Tenant acknowledges that Landlord has arranged or may arrange for the PermitsParking Facilities to be operated by an independent contractor, not affiliated with Landlord. There will be a replacement charge payable by 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 amount posted from time to time by Landlord for loss of $0.00 per month any magnetic parking card or parking sticker issued by Landlord. If, for each Permit issued any reason, Landlord is unable to Tenant, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A pro rata provide all or any 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 monthparking spaces to which Tenant is entitled hereunder, 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. then Tenant’s obligation to pay the Parking Charge for such parking spaces shall be considered an obligation to pay Rent abated for all purposes thereunder and so long as Tenant does not have the use thereof; this abatement shall be secured in like manner as is settlement of all claims that Tenant might otherwise have against Landlord because of Landlord’s failure or inability to provide Tenant with such parking spaces. Landlord shall not be responsible for enforcing Tenant’s obligation to pay Rentparking rights against any third parties. Default in the payment of such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration Landlord assumes no responsibility whatsoever 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 any vehicle or its contents, however caused. Vehicles should be locked and valuables should not be left in the vehicle. No refunds, credits or allowances will be granted to Tenant for absence, vacation 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 non-use of the Building GarageParking Facilities by Tenant or its employees. Tenant shall defend, indemnify and hold landlord harmless from and against any and all actions, claims, liabilities, losses, expenses or damages incurred by Landlord attributable to the carelessness, negligence or fault of Tenant or any of its agent, employees, or invitees from any cause, including but not limited to the rules establishing time limits on the use of said Permitsproperty damage, shall entitle Landlord, in addition injury or death 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 therefromperson or persons.
Appears in 1 contract
Parking. A. Landlord shall agrees to make available to Tenant one (1) in and out non-assigned parking space per one thousand (1,000) rentable square feet of the Premises in the parking facilities (parking lot or parking structure) located on block 159 or 1801 California block, made available by Landlord for use by tenants in the Building, in Denver, Colorado, at the current rate charged for such spaces from time to time (which rate is currently $130.00 per month per non-assigned space, $160.00 to $185.00 per month per reserved space and $120.00 per month per space for the adjacent surface lot), and Tenant shall pay the going monthly building rate for all such spaces it elects to lease. Tenant shall notify Landlord in writing prior to the commencement date of the Primary Lease Term of Tenant's acceptance of all or any portion of the spaces so offered, provided and Landlord agrees to make the same available to Tenant within thirty (30) days following the commencement date of the Primary Lease Term. The number of parking spaces which Tenant elects to lease pursuant to the terms of this Paragraph shall be evidenced on the Commencement Certificate attached hereto as Exhibit C to be signed by Landlord and Tenant. In the event Tenant does not elect prior to the Primary Lease Term to lease all parking spaces to 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 of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforentitled, 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 thereafter at any time during the Term, and any extension thereof, and Tenant fails Lease Term elect to cure lease 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 spaces on the use of said Permits, terms set forth above upon 45 days' prior written notice to Landlord. Tenant 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 receive one bill ▇▇▇thly for damages resulting therefrom.all spaces
Appears in 1 contract
Sources: Lease (Exactis Com Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout At all times 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 of this Lease and any duly exercised Renewal Term, and conditioned upon this Lease being 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 thereunder as defined herein, 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 above ground, outdoor surface areas of the Landlord’s prior written consent. Landlord reserves Project (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 "Outdoor Parking") as Landlord may deem appropriate.
B. In consideration designate from time to time for the Permitsparking automobiles, Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal subject to the sum of $0.00 per month for each Permit issued to TenantRules and Regulations set forth in Exhibit D, and any amendments or additions to such Rules and Regulations. The Outdoor Parking Charge shall will 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 used by Tenant and/ or tenant's guests and/or visitors on a date other than the first day of a calendar monthan unassigned, nonreserved, and (ii) for nondesignated basis or such other basis as Landlord directs from time to time. During the last partial calendar month Term 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 will have the right to an abatement of Parking Charges for the Permits use 3 vehicular parking spaces in the amount below-ground parking facility at an no charge, together with the vehicular drives affording ingress to and egress from said below-ground parking facility. In addition, during the Term of this Lease, Tenant will have the right to use 2 additional vehicular parking spaces in the below-ground parking facility, at an initial monthly charge of $0.00 50.00 per month for the full Term of the Leasespace, beginning together with the Commencement Date (the “Parking Charge Abatement Period”)vehicular drives affording ingress to and egress from said below-ground parking facility. The total amount of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)Such charge will be subject to periodic increases by Landlord, but not more than once per Lease Year. If Tenant Defaults at any time during the Term, and any extension thereofTenant's specific below-ground parking spaces will be designated by Landlord, and Tenant fails will use the below-ground parking facility in common with others whom Landlord may permit to cure such Default within any applicable cure period under use the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights same. Landlord represents that for the Term of Tenant to this Lease there will be at least 520 paved parking spaces serving the Abated Parking Charges shall be null and void and of no further force or effectProject. The payment by Tenant of the Abated Parking Charges in In the event of a Default shall such parking is not limit or affect any of Landlord’s other rights, pursuant to this Lease or reasonably adequate for tenants 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 Garagein Landlord's reasonable judgment, including but not limited to the rules establishing time limits on the use of said Permits, Landlord 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 provide additional parking at the Building Garage so that a total of at least 570 paved parking spaces are serving the sole cost and expense of Tenant and without liability for damages resulting therefromProject.
Appears in 1 contract
Sources: Office Lease (Quest Software Inc)
Parking. A. Subject to compliance with all reasonable rules and regulations imposed by Landlord with respect to access to and use of the Parking Facility, Tenant shall make available to Tenant, provided Tenant is not in default under this Leasebe entitled, throughout the Term Seven lease term and any extensions thereof, to the use of four (74) parking permits (the “Permits”) per each 1,000 square feet of net rentable area then leased to allow access Tenant pursuant to this lease, including, without limitation, any space added to the Premises pursuant to Tenant’s expansion rights set forth in Exhibit H attached hereto (rounded to the nearest whole space) at no charge to Tenant other than such maintenance and repair charges which are properly included as an Operating Expense. Each parking garage located at permit constitutes a nonexclusive lease to park one (1) designated automobile on a nonreserved basis in a nonreserved parking space in the Property Parking Facility. All parking spaces in the Parking Facility (the “Building Garage”other than reserved spaces) which is shall be used in connection common with the operation other tenants, invitees and visitors of the Building. Of said Seven Landlord will provide, at Tenant’s request, throughout the lease term and any extensions thereof, at least twenty-five (725) Permits granted reserved parking spaces, located as shown on Exhibit M, at no cost to Tenant, each . Such reserved parking spaces shall be standard unreserveddesignated and marked as HomeBanc reserved spaces. Landlord will also provide throughout the lease term and any extension thereof five (5) marked visitor spaces, located as shown on Exhibit M, designated as HomeBanc visitor spaces convenient to the Building entrance. In consideration thereforaddition, in the event Tenant exercises the expansion rights set forth in Exhibit H attached hereto or reduces the net rentable area of the Premises, then Tenant’s reserved parking spaces shall be adjusted on the basis of one (1) parking space per each 5,000 square feet of net rentable area and Tenant’s visitor parking spaces shall be adjusted on the basis of one (1) parking space per each 25,000 square feet of net rentable area. Landlord will use reasonable efforts to prevent other tenants’ employees from parking in the HomeBanc visitor and reserved spaces. Tenant shall pay for all HomeBanc signage for the reserved and visitor parking spaces, which signage shall be subject to the reasonable approval of Landlord. In addition, Landlord will provide Tenant an annual credit of up to Thirteen Thousand Dollars ($13,000.00) (the “Visitor Parking Credit”) based on the then existing visitor parking charges in order to allow Tenant to validate all visitor parking free of charge. Landlord hereby agrees that the Visitor Parking Credit shall be adjusted from time to time based on any adjustments to visitor parking charges for the Building and based on any adjustments to the net rentable area of the Premises, as it may be expanded or reduced during the term. Such adjustments to the Visitor Parking Credit will be made, either as an increase or decrease as appropriate, at the rate of .09¢ per square foot of net rentable area, as adjusted for future increases or decreases to the parking charge. In addition to the Visitor Parking Credit, Landlord shall provide unlimited validation of parking charges for Tenant’s employees or other invitees visiting the Building for training classes, which charges will not be charged to Tenant. Landlord shall have the right to control access to the Parking Facility, remove improperly parked automobiles and require that the designated automobile display decals or other evidence of its right to use the Parking Facility. Landlord may designate an independent contractor to operate the Parking Facility, by lease or otherwise, which will have the right to exercise Landlord’s rights hereunder, and Landlord shall have no liability whatsoever for the acts or omissions of such contractor or its agents or employees, which result in loss or theft of, or damage to, Tenant’s, its agents’, employees’, visitors’, customers’ or representatives’ personal property. Landlord shall have the right, but not the duty, to assign parking spaces to tenants of the Building. If Landlord elects to assign spaces, Tenant will pay be entitled to Tenant’s Percentage Share and Tenant shall be entitled to select the location of Tenant’s assigned spaces before any other tenant. Landlord as Additional Rent and agrees to cooperate in good faith 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 Tenant to any limited reserved provide available parking that Landlord may establish and to HomeBanc employees for which Landlord may increase the Parking Charge, all tenant parking training or special events held 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 contraryPremises, so long as Tenant provides adequate advance written notice to Landlord of the date and time of such training or special event and the reasonably anticipated number of additional parking spaces which will be needed based on the reasonably anticipated number of non-Building participants. Upon receipt of and based upon such information, Landlord agrees that it will not allow the ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ or any other tenant within another office building within Perimeter Summit to use the Parking Facility for overflow parking to such an extent that the additional parking requested by Tenant for such date and time is not available. Except as provided in Default under this Leasethe preceding sentence, Landlord shall have no liability to Tenant shall in the event adequate parking is not then available for Tenant’s employees provided that Tenant shall, at all times, 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 number of said Permits, shall entitle Landlord, spaces described 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 therefromSection 3.04 above.
Appears in 1 contract
Sources: Lease Agreement (Homebanc Corp)
Parking. A. Landlord (a) LESSOR shall make available at all times during the term of this lease agreement PROVIDE parking rights for fourteen (14) unreserved parking spaces AND FIVE (5) RESERVED PARKING SPACES in the parking garage adjacent to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits Building (the “Permits”) "Garage"). No specific spaces in the Garage are to allow access be assigned to Lessee EXCEPT THOSE RESERVED PARKING SPACES SPECIFIED HEREIN, but Lessor will issue to Lessee the aforesaid number of parking stickers, each of which will authorize parking in the Garage of a vehicle on which the sticker is displayed, or Lessor will provide a reasonable alternative means of identifying and controlling vehicles authorized to park in the Garage. Lessor may designate the area or areas of the Garage within which each such vehicle may be parked, and Lessor may change such designations from time to time. Lessor may make, modify and enforce rules and regulations relating to the parking garage located at of vehicles in the Property (Garage, and Lessee will abide by and cause its agents, employees and invitees to comply with such rules and regulations. Lessor may provide parking for visitors to the “Building Garage”) which is used in connection with the operation of an area designated by lessor and in a capacity determined by Lessor to be appropriate for the Building. Of said Seven Lessor reserves the right to charge and collect a fee for parking in the visitor parking area in an amount determined by Lessor to be appropriate. Lessor, at its sole discretion, may change the designated area for the visitor parking and the fee to be charged for its use. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LESSOR RESERVES THE RIGHT TO REDESIGNATE AND RELOCATE ANY RESERVED PARKING SPACE LOCATED ON LEVEL ONE OF THE GARAGE TO ANOTHER LEVEL, ONLY IN THE EVENT THAT LESSOR REQUIRES ADDITIONAL VISITOR PARKING SPACES IN THE GARAGE ON LEVEL ONE.
(7b) 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 As 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 Basic 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 Lessee covenants and agrees to pay to Landlord Lessor during the Terminitial term of this Lease, as Additional Rent thereunderadditional rental hereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month 35.00 for each Permit issued of the unreserved parking spaces leased hereunder AND $65.00 FOR EACH OF THE RESERVED PARKING SPACES LEASED HEREUNDER, such sum to Tenant, and such Parking Charge shall be paid payable monthly in advance as hereinabove provided. A on the first day of each and every calendar month during the lease term, and a pro rata portion of such Parking Charge sum shall be payable for the (i) first and last partial calendar month of the Lease Term term of this lease in the event the Commencement Date occurs lease term commences 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 Lessee's obligation to pay the Basic Parking Charge shall be considered an obligation to pay Rent rent for all purposes thereunder hereunder and shall be secured in like manner as is Tenant’s Lessee's obligation to pay Rentrent. Default in the payment of such Basic Parking Charge (after notice as hereinafter provided) shall be deemed to be a default in the payment of Rentrent. As additional consideration for the aforesaid PermitsFOR THE PURPOSES OF THIS LEASE, 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 GarageLESSOR WILL ABATE THE MONTHLY PARKING CHARGES ▇▇▇ THE FIRST TWENTY FOUR (24) MONTHS OF THE LEASE TERM FOR THE UNRESERVED PARKING CHARGES ONLY. 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 LeaseTHERE IS NO ABATEMENT OF PARKING CHARGES FOR THE RESERVED SPACES.
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 1 contract
Parking. A. Landlord hereby grants to Tenant the right, in common with others authorized by Landlord, to use the parking facilities owned by Landlord subject to Article 1, and as shown on Exhibit A, if any. Landlord, at its sole election, may designate the types and locations of parking spaces within the parking facilities which Tenant shall make available be allowed to Tenantuse. Landlord shall have the right, provided at Landlord's sole election, to 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.
B. Commencing on the Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article 1, as Additional Rent, payable monthly in advance with the Monthly Rent. If there is not a Parking Fee shown in default under this LeaseSchedule 1, then thereafter, and throughout the Term Seven (7) Term, the parking permits (rate for each type of parking space provided to Tenant hereunder shall be the “Permits”) prevailing parking rate, as Landlord may designate from time to allow access time, at Landlord's sole election, for each such type of parking space. In addition to the right reserved hereunder by Landlord to designate the parking garage located rate from time to time, Landlord shall have the right to change the parking rate at the Property (the “Building Garage”) which is used in connection with the operation any time to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the Building. Of said Seven (7) Permits granted parking of motor vehicles, including all sums required to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay paid pursuant to Landlord as Additional Rent and with each installment of Base Rent due transportation controls imposed by the Environmental Protection Agency under the LeaseClean Air Act of 1970, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only as amended, or otherwise required 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 Saturdays, Sundays, and Holidays. Except paid by any governmental authority with respect to any limited reserved the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution.
C. If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the 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 facilities 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 requested by Landlord. If Landlord implements a system whereby , such automobiles shall be identified by automobile window stickers provided by Landlord, and only specifically identified vehicles are granted Permits, other vehicles such designated automobiles shall not be permitted to use the Building Garage without the Landlord’s prior written consentparking facilities. If Landlord reserves the right upon written notice posted in the Building Garageinstitutes such an identification procedure, 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 provide additional parking spaces for the Permits, use by customers and invitees of 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 monthdaily basis at prevailing parking rates, and (ii) if any. At Landlord's sole election, Landlord may make validation stickers available to Tenant 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 any such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsparking spaces, Tenant hereby waives on behalf of itself all claimsprovided, whether based on negligence or other groundshowever, 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 if Landlord 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.
Appears in 1 contract
Sources: Office Lease (Authoriszor Inc)
Parking. A. Landlord Lessee at all times during the term of this Lease agrees to lease parking rights for at least five cars in the Parking Garage located adjacent to the Building. No specific spaces in the Parking Garage are to be assigned to Lessee, but Lessor shall make available issue to TenantLessee the aforesaid number of stickers or tags, provided Tenant each of which will authorize parking in the Parking Garage of a car on which the sticker or tag is not displayed, or Lessor will provide a reasonable alternative means of identifying and controlling cars authorized to be parked in default under this Leasethe Parking Garage. Lessor may designate the area within which each such car may be parked and Lessor may change such designations from time to time. Lessor may make, throughout the Term Seven (7) parking permits (the “Permits”) to allow access modify and enforce rules and regulations relating to the parking garage located at the Property (the “Building Garage”) which is used of automobiles 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, SundaysGarage, and HolidaysLessee will abide by such rules and regulations. 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 Lessee covenants and agrees to pay to Landlord Lessor during the Termterm of this Lease as additional rental hereunder, as Additional Rent thereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 10.00 per car per month for (the "Basic Parking Charge"), such sum to be payable quarterly in advance on the first day of each Permit issued to Tenantand every calendar quarter during the term hereof, and such Parking Charge shall be paid monthly in advance as hereinabove provided. A a pro rata portion of such Parking Charge sum shall be payable for the (i) first partial calendar month of the Lease Term any calendar quarter in the event that the Commencement Date occurs lease term commences 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 The Basic Parking Charge shall be considered an obligation adjusted from time to time at any time. All costs and expenses and the Basic Parking Charge which Lessee assumes or agrees 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 Lessor pursuant to this lease, shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsrent and, 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 non-payment thereof, Lessor shall not limit or affect any have all the rights and remedies herein provided for in case 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 non-payment of 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 1 contract
Sources: Lease Agreement (Symbion Inc/Tn)
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, 24.01 Tenant shall be entitled to an abatement of Parking Charges lease up to 0 (0) covered reserved parking spaces at no charge, up to one hundred sixty-six (166) covered unreserved parking spaces. Tenant shall pay Landlord rental for the Permits parking spaces in the amount of $0.00 ($0.00) per covered reserved space per month and twenty-five dollars ($25.00) per month per covered unreserved space per month, without deduction, offset, notice or demand, in advance on the first day of each calendar month. The number and type of spaces which Tenant elects to lease shall be designated by Tenant in writing on or before the first day of the Lease Term. Upon thirty (30) days written notice from Tenant, Landlord agrees to provide Tenant with additional parking on a month-to-month basis, when and if available, to be located at Phase I and/or Phase III of Gain▇▇ ▇▇▇ch Corporate Center, at the then prevailing rates for the full Term respective Building.
24.02 Rental rates on all parking spaces leased by Tenant shall be adjusted after the expiration of the Leaseinitial Lease Term to the prevailing rates under new agreements then being made by Landlord for similar parking spaces in the Project. At any time after the end of the initial Term, beginning with Landlord shall advise Tenant upon request of the Commencement Date (the “Parking Charge Abatement Period”). The total amount applicable rates for each type of Parking Charges parking spaces 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 Termensuing year, 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 at least thirty (30) days prior to the Abated Parking Charges beginning of each calendar year during any Renewal Term Tenant shall advise Landlord how many of each type of space Tenant elects to rent for such year, which shall not be more than the number then being rented by Tenant unless Landlord has additional spaces reasonably available in accordance with sound parking garage management practices after reserving an adequate number of space's for visitor or short-term parking and for unoccupied space in the Building. After giving such notice, Tenant 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 obligated to this Lease or lease such spaces at law or in equity. During the Parking Charge Abatement Period, only Parking Charges such rates 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 ensuing calendar year pursuant to the provisions terms of this LeaseAddendum, and Landlord may. not increase the rates charged therefor during such year.
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 1 contract
Parking. A. During the Term, Landlord shall shall, subject to the terms hereof, make available to Tenant, provided Tenant is not in default under this Lease, throughout monthly parking passes for the Term Seven (7) parking permits (the “Permits”) to allow access to the shared subsurface 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 serving 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 ChargeAreas”), based upon a ratio of 0.80 parking pass for each 1,000 rentable square feet of the Premises (i.e., six (6) equal parking passes based on the Premises initially containing 7,499 rentable square feet), for the parking of passenger vehicles in unreserved stalls in the Parking Areas by Tenant’s employees and the employees of any transferee pursuant to a Transfer permitted by Article 13 of this Lease (“Permitted Pass Holders”). Tenant shall receive one (1) parking pass, or other suitable device providing access to the sum of $0.00 per month Parking Areas, for each Permit issued parking privilege paid for by Tenant. The number of parking passes provided 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, modified pursuant to this Lease or at law as otherwise permitted by Landlord, are hereinafter referred to as the “Parking Passes.” Tenant shall have no right to hypothecate or encumber the Parking Passes, and shall not sublet, assign, or otherwise transfer the Parking Passes except in equityconnection with a Transfer permitted by Article 13 of this Lease. During the Parking Charge Abatement PeriodTerm, only Parking Charges for the Permits Tenant shall be abatedpay Landlord (or at Landlord’s election, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant directly to the provisions parking operator2) for all of this Lease.
C. The failure the Parking Passes at the then-current prevailing rate, as such rate may vary from time to time. Landlord shall deliver (or cause to be delivered) written notice to Tenant of any change in the monthly parking charge. If, for any reason, Tenant shall fail to timely pay the charge for any of said Parking Charge specified abovePasses, or and if such default continues for ten (10) days after written notice thereof, Landlord shall have the right to comply with revoke Tenant’s rights to the Parking Passes for which Tenant failed to pay the charge under this Section 1.4(c) and Landlord may allocate such Parking Passes for use by others free and clear of Tenant’s rights under this Section 1.4(c). Use of the Parking Areas and the Parking Passes will be subject to such reasonable rules and regulations governing as may be in effect from time to time (including Landlord’s right, without additional charge to Tenant above the use prevailing rate for Parking Passes, to institute a valet or attendant-managed parking system). Tenant shall provide Landlord and/or the operator of the Building GarageParking Areas with such information as may be reasonably requested, including but not limited a monthly identification roster listing, for each Parking Pass, the name of the employee and the make, color and registration number of the vehicle to which it has been assigned. Except to the rules establishing time limits on extent prohibited by Legal Requirements, neither Landlord nor the operator of the Parking Areas assumes any responsibility whatsoever for loss or damage due to casualty or theft or otherwise to any automobile or to any personal property therein, howsoever caused, and Tenant agrees to notify each Permitted Pass Holder of such limitation of liability. No bailment is intended or shall be created by the provision of, or use of said Permitsof, shall entitle Landlordthe parking privileges described herein. Reserved and handicap parking spaces must be honored. Notwithstanding anything to the contrary contained herein, in addition connection with the repair and/or maintenance of the Parking Areas, Landlord shall have the right to any temporarily relocate the parking privileges from time to time to other remedies provided hereunderproperty owned, to terminate leased or controlled by Landlord or its affiliates, so long as such other property is within 1,000 feet of 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.Land
Appears in 1 contract
Parking. A. Landlord From and after the Second Expansion Premises Commencement Date, Tenant shall make available have the right to Tenantseventy-six (76) additional unreserved Parking Permits (based on the parking share for the Second Expansion Premises of three and one-quarter (3.25) spaces per one thousand (1,000) rentable square feet in the Second Expansion Premises) in the Garage adjacent to the Building, provided Tenant is not subject to and in default under this accordance with Section 28 of the Lease, throughout which amount shall be added to and become part of Tenant’s Parking Share. Tenant previously converted ten (10) of the Term Seven Parking Permits from Tenant’s Parking Share to permits for reserved parking in the Garage (7the “Reserved Garage Permits”). Notwithstanding anything to the contrary contained in the Lease, Tenant hereby elects to convert an additional ten (10) parking permits (from among Tenant’s allocation of Parking Permits for the “Permits”Second Expansion Premises) to allow access for reserved parking spaces on the surface lot adjacent to the parking garage located at the Property Building (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 PeriodReserved Surface Spaces”). The total amount location 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 Reserved Surface Spaces in 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 surface lot shall be null and void and of no further force or effectas shown on Attachment C, however, Landlord may relocate the Reserved Surface Spaces from time to time to other locations on the surface lot designated by Landlord, by providing at least thirty (30) days prior written notice to Tenant. The payment by Commencing on May 1, 2016 Tenant of shall pay for such Reserved Surface Spaces at Landlord’s then-current market rate charge therefor (currently $75 per space per month), which rate is subject to increase from time to time. Landlord currently provides an attendant on the Abated Parking Charges in the event of a Default surface lot to address unauthorized parking, however Landlord 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 be responsible 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 monitoring the use of such Reserved Surface Spaces. The procedure for unauthorized use as provided in the Building Garage, including but not limited Lease for reserved spaces shall apply to the rules establishing time limits spaces on the surface lot. Landlord’s right to use of said Permitsthe Garage is through a parking agreement with the adjacent property owner. Subject to such owner’s approval, shall entitle LandlordTenant may engage a parking consultant, in addition to any other remedies provided hereunderat Tenant’s sole cost, to terminate review potential solutions to assist with parking in the Permits and tow Garage. Neither Landlord nor such owner shall have 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 therefromobligation to incorporate any changes that may be identified by Tenant’s parking consultant.
Appears in 1 contract
Sources: Deed of Office Lease Agreement (Alarm.com Holdings, Inc.)
Parking. A. Commencing on the Expansion Premises Commencement Date, subject to the terms of Section 8 of the Lease, Landlord shall make available to Tenant, provided Tenant is not at then-current market rates (which market rate may be adjusted from time to time) a license for up to an additional 10 parking spaces in default under this Lease, throughout the Term Seven Binney Parking Garage (7) parking permits (the “PermitsExpansion Premises 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 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 of such parking in the Building Garage will spaces to be on a non-reserved, first-come, first-serve reserved basis. Tenant shall notify Landlord may elect prior to establish parking zones in the Building Garage and if Landlord so electsExpansion Premises Commencement Date as to how many of the Expansion Premises Parking Spaces Tenant will license pursuant to the Lease. If Tenant elects to license fewer than 10 of such Expansion Premises Parking Spaces as of the Expansion Premises Commencement Date, Tenant shall be deemed to have waived its right to license any additional Expansion Premises Parking Spaces following the Expansion Premises Commencement Date. As of the Expansion Premises Commencement Date, the Permits may be issued to specifically identified vehicles and market parking rate for the Parking Charge may relate to specified zone(s) as determined by Landlordparking spaces is $300.00 per parking space month. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsThe market parking rate shall increase on April 1, 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 Garage2019, to change the $325.00 per 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 space 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 pro rata share of the Binney Parking Charge Garage shall be considered an obligation to pay Rent for all purposes thereunder and shall be secured adjusted 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 accordance with the use number of said Building Garage. Notwithstanding anything in Parking Spaces licensed by Tenant during the Term pursuant to this Section 8. For the avoidance of doubt, commencing on July 1, 2020, the Lease to the contrary, so long as only parking spaces that Tenant is not in Default under this Lease, Tenant shall will 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 use under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges Lease shall be null and void and of no further force or effect. The payment by Tenant of the Abated Expansion Premises 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 1 contract
Sources: Lease Agreement (Constellation Pharmaceuticals Inc)
Parking. A. (a) At all times during the Term, Landlord agrees to furnish and Tenant agrees to pay for and lease, parking rights for (i) twenty-six (26) vehicles in the general parking area ("General Parking Permits") and (ii) zero ----------------------- (0) vehicles in the reserved parking area ("Reserved Parking Permits"), as each ------------------------ such area is designated by Landlord in the Garage (collectively, the "Parking ------- Permits"). No specific spaces in the Garage are to be assigned to Tenant but ------- Landlord will issue to Tenant the aforesaid number of parking stickers and/or cards each of which will authorize parking in the Garage of a vehicle on which the sticker is displayed, or Landlord will provide a reasonable alternative means of identifying and controlling vehicles authorized to be parked in the Garage. Landlord may designate the area within which each such vehicle may be parked, and Landlord may change such designations from time to time. Additionally, commencing on the Commencement Date and continuing through and until the Expiration Date, Tenant shall make have the right, subject to availability, which shall be determined by Landlord in Landlord's sole discretion, to elect at any time during the Term to lease up to an aggregate of fourteen (14) additional permits (the "Optional Parking Permits") to park ------------------------ vehicles in the general parking area designated by Landlord in the Garage. Tenant shall request such Optional Parking Permits from Landlord in writing at least thirty (30) Business Days prior to the commencement of the calendar month Tenant requires such permits. If Landlord determines such requested Optional Parking Permits are available and such Optional Parking Permits are leased to Tenant, provided Landlord or Tenant is not in default under this Lease, throughout may terminate Tenant's right to any or all of the Term Seven Optional Parking Permits then issued to Tenant upon thirty (730) parking permits (the “Permits”) to allow access Business Days written notice to the parking garage located at other party prior to the Property (the “Building Garage”) which is used in connection with the operation commencement of the Building. Of said Seven calendar month Landlord or Tenant requires such termination (7but Tenant may request the issuance or termination of such Optional Parking Permits only one (1) 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 time with respect to each calendar month of the Term of the Lease); provided however, at no time during the Term of the Lease shall the number of Optional Parking Permits issued to Tenant during any limited reserved parking that Landlord may establish calendar month exceed fourteen (14) such permits. Any Optional Parking Permits leased by Tenant pursuant to this paragraph shall be included within the defined terms General Parking Permits and Parking Permits for all purposes of this Section 6.15 from the date such permits are made available to Tenant and for which Landlord may increase the remainder of the Term (except as provided in this paragraph).
(b) As rental for 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 PermitsRental"), Tenant covenants and agrees to pay to Landlord during the Term, as Additional Rent thereunderadditional rental hereunder, a parking charge (i) during the “Parking Charge”Initial Term (A) equal to the sum of $0.00 30.00 per month (plus any applicable sales tax) for each Permit of the parking stickers/cards to be issued to Tenantby Landlord as herein provided for the General Parking Permits, and such (B) the sum of $60.00 per month (plus any applicable sales tax) for each of the parking stickers/cards to be issued by Landlord as herein provided for the Reserved Parking Charge Permits, and (ii) during the Renewal Term (if applicable), the amount determined in accordance with Section 7.1 plus any applicable sales tax for each of the parking stickers/cards to be issued by Landlord as herein provided for the Parking Permits. Such Parking Rental shall be paid payable monthly in advance as hereinabove provided. A on the first day of each and every month during the Term, and a pro rata portion of such Parking Charge sums shall be payable for the (i) first any partial calendar month of the Lease Term in the event the Commencement Date occurs this Lease commences (or ends) on a date other than the first day of a calendar month, and (iior last) 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 's obligation to pay the Parking Charge Rental shall be considered an obligation to pay Rent for all purposes thereunder hereunder and shall be secured in like manner as is Tenant’s 's obligation to pay Rent. Notwithstanding any of the foregoing, provided an Event of Default in has not occurred, Landlord shall ▇▇▇▇▇ all Parking Rental as to the payment of such aforementioned Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration Permits for the aforesaid Permitsperiod from the Commencement Date through and until the day immediately preceding the same date of the eighteenth (18th) month after the Commencement Date.
(c) If the parking spaces covered by the Parking Permits are not available to Tenant during any portion of the Term due to causes beyond the reasonable control of Landlord (including without limitation, Tenant hereby waives on behalf as the result of itself all claims, whether based on negligence a casualty or other grounds, against Landlord, its agents and employees arising out condemnation) this Lease shall continue without abatement 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 Rent (except as otherwise specifically set forth below in this Section of the Lease subsection (c)) and Landlord shall use reasonable efforts to the contrary, so long as make available to Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement of Parking Charges for the Permits sufficient substitute unassigned parking spaces (in the amount of $0.00 per month for those spaces not available to Tenant) in the full Term Complex, or, if sufficient parking spaces are not available in the Complex, within a one (1) mile radius of the LeaseComplex, beginning with until the Commencement Date (parking spaces covered by the “Parking Charge Abatement Period”)Permits are made available to Tenant. The total amount of Parking Charges for substitute parking spaces shall be provided to Tenant at a rental rate not to exceed the Permits abated during rate Tenant would have paid had the parking spaces covered by the Parking Charge Abatement Period Permits been so available to Tenant in the Garage. In the event Landlord does not make substitute parking spaces available to Tenant after notice of such failure is delivered by Tenant to Landlord, Parking Rental shall equal $0.00 (▇▇▇▇▇ as to the “Abated Parking Charges”)Permits for which parking spaces are not made available until substitute parking spaces or the original parking spaces covered by the Parking Permits are made available to Tenant. If Landlord shall use its reasonable efforts to ensure that the parking spaces covered by the Parking Permits are available to Tenant Defaults at any time during throughout the Term.
(d) Landlord or the operator of the Garage may make, modify and any extension thereofenforce reasonable rules and regulations relating to the parking of vehicles in the Garage, and Tenant fails to cure shall abide by 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 and shall exercise reasonable efforts to cause its employees and invitees to abide by such rules and regulations. Additionally, Landlord reserves the use right to alter the size 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 1 contract
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, ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 32 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 1 contract
Sources: Office Lease (Smartsheet Inc)
Parking. A. (a) Subject to all matters of record, Force Majeure, a casualty or Taking (as defined in Section 19 below) and the exercise by Landlord of its rights hereunder, Landlord shall make available to Tenant, provided Tenant is not at then-current market rates from time to time, 15 parking spaces after the Phase I Premises are delivered, and an additional 8 parking spaces after the Phase II Premises are delivered in default under this Lease, throughout the Term Seven (7) a parking permits (the “Permits”) to allow access to the parking lot or garage located at the Property (the “Building Garage”) which is used in connection with the operation an offsite location within a 10-minute walk 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 of such parking in the Building Garage will spaces to be on a non-reserved, first-come, first-serve reserved basis. As of the Commencement Date, such parking spaces shall be located in the parking garage serving the ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇ spaces may, at Landlord’s discretion and upon reasonable prior written notice to Tenant of not less than seven (7) days, become available for use during the Term in the parking garage serving ▇▇-▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Binney Parking Garage”). As of the Commencement Date, the market parking rate for the parking spaces is $275 per parking space per month. Tenant shall also pay, commencing on the date that the Binney Parking Garage becomes available for use by Tenant and thereafter on the first day of each month of the Term (and in additional to the parking charges provided for in the immediately preceding sentence), Tenant’s pro rata share of the operating expenses (as reasonably determined by the owner of Binney Parking Garage) incurred by such owner of the Binney Parking Garage with respect to the Binney Parking Garage. Tenant’s pro rata share of the Binney Parking Garage shall be a percentage described as the number of spaces licensed by Tenant divided by 899 (i.e. if Tenant licenses 27 spaces, the percentage shall be 3%). Tenant shall notify Landlord may prior to the Commencement Date as to how many parking spaces (not to exceed the product of the number of rentable square feet in the Premises from time to time and .9) (the “Parking Maximum”)) that Tenant will license hereunder. If Tenant does not 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 license all of the parking system for spaces to which it is entitled pursuant to this Section 10 as 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 PermitsCommencement Date, Tenant covenants and agrees shall give Landlord 30 days’ notice if it wishes to pay to Landlord license additional spaces during the Term, as Additional Rent thereunder, a parking charge (not to exceed the “Parking Charge”) equal to Maximum in the sum of $0.00 per month aggregate hereunder. If Landlord determines that any additional spaces are available for each Permit issued to use by Tenant, Landlord shall notify Tenant in writing 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 commence using and paying for the (i) first partial calendar month additional spaces licensed by Tenant on the date that is 30 days after Tenant’s delivery of notice to Landlord. Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties, including without limitation other tenants of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthProject, 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. but at Tenant’s obligation request Landlord will direct the applicable parking garage manager 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 Leasedo so.
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 1 contract
Sources: Lease Agreement (Bluebird Bio, Inc.)
Parking. A. During the period commencing on the Expansion Effective Date and ending on the Expiration Date, Tenant agrees to lease from Landlord and Landlord agrees to lease to Tenant up to a total of twenty three (23) unreserved, self-park parking spaces (collectively, the "Spaces") plus two (2) unreserved valet-park parking spaces on a monthly as available basis, as determined by Landlord, in the Building garage ("Garage") for the use of Tenant and its employees. During the period commencing March 1, 2002 and ending on the Expansion Expiration Date, Tenant shall make available have the right to Tenantlease from Landlord and Landlord agrees to lease to Tenant up to a total of two (2) unreserved, provided self-park parking spaces (collectively, the "Spaces") in the Building garage ("Garage") for the use of Tenant is and its employees. No deductions or allowances shall be made for days when Tenant or any of its employees does not in default under this Lease, throughout utilize the Term Seven (7) parking permits (facilities or for Tenant utilizing less than all of the “Permits”) Spaces. Tenant shall not have the right to allow access lease or otherwise use more than the number of reserved and unreserved Spaces set forth above.
B. In addition Landlord will work with Tenant to satisfy its parking needs to the parking garage located at extent possible given the Property (the “Building Garage”) which is used terms or conditions of other leases in connection with the operation of the Building. Of said Seven So long as there is a surplus of parking spaces in the Garage due to ▇▇▇▇▇ Fargo Bank (7or its successor in the lease) Permits granted to Tenant, each shall be standard unreserved. In consideration therefornot using all of the parking called for in its lease, Tenant will may lease up to forty nine (49) parking spaces in the Garage.
C. During the period commencing on the Expansion Effective Date and ending on the Expansion Expiration Date, Tenant shall pay Landlord the sum of $200.00 per month, plus applicable tax thereon, if any, for each unreserved Space leased by Tenant hereunder, as such rates may be adjusted from time-to-time to Landlord as Additional Rent and with each installment of Base Rent due under reflect 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 then current rate for which Landlord may increase the Parking Charge, all tenant parking in the Garage.
D. 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.
E. 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.
F. 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.
G. 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. H. 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.
I. Tenant shall not assign or sublease any of the Spaces without the consent of Landlord. Landlord shall have the right to terminate this Parking Agreement with respect to any Spaces that Tenant desires to sublet or assign.
J. 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.
K. 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 upon written notice posted in the Building Garage, to change the parking system enter into a management agreement or lease with an entity for the Building Garage ("Garage Operator"). In such event, Tenant, upon 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 provide special requirements for weekendtime during the Lease Term. In connection therewith, holiday any parking lease or after hours usage agreement entered into between Tenant and to temporarily close the Building Garage, a Garage Operator shall be freely assignable by such Garage Operator or portions thereof to make such repairs or alterations as Landlord may deem appropriateany successors thereto.
B. In consideration for Exhibit B, Building Rules and Regulations, attached hereto shall be added to the PermitsLease and made a part thereof.
C. Landlord and Tenant specifically agree that should Tenant effectively exercise either or both of its options to extend the Lease term pursuant to Item 15 of Exhibit C to the Lease, Tenant covenants such extensions shall automatically apply to the Original Premises as well as the Expansion Space, and agrees the Original Premises and the Expansion Space thereupon shall be subject to pay the terms of Item 15 of Exhibit C to Landlord during the Lease. The Lease term then as to said Original Premises and the Expansion Space shall expire coterminously at the conclusion of the 2002 Extended Term or the 2007 Extended 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 Leasecase may be.
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 1 contract
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 have exclusive use of the parking garage spaces located at ------- on the Property (the “Building Garage”) which is used in connection with the operation north side of the Building. Of said Seven Landlord and Tenant shall execute a mutually agreeable parking lease (7"Parking Lease") Permits granted for not less than four (4) and not more than eight (8) parking spaces on property adjacent to Tenant, each the Building owned by Landlord. Such leased adjacent parking shall be standard unreservedincluded in the Building Area (defined in Article III, Section C of the Lease). In consideration therefor, Tenant will pay to Landlord as Additional Rent and The Parking Lease shall be for a period of ten (10) years with each installment a base rate of Twenty-Five Dollars ($25.00) per month per space (the "Parking Base Rent due Rate"). The Parking Base Rate shall be increased annually under the same terms as the Base Rental Rate. Provided, however, that in consideration of this Lease, Landlord shall waive all Parking Lease payments for the first 24 months of this Lease. Thereafter, the Parking Base Rate shall be increased annually as provided herein for years three (3) through five (5) of the Parking Lease. Beginning in year six (6) of the Parking Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits Base Rate 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) market value 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 its reasonable discretion and shall be secured in like manner subject to annual adjustment under the same terms as is the Base Rental Rate. Contingent upon Tenant’s obligation 's exercise of each Option 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 LeaseExtend, Tenant shall have two (2) consecutive five (5) year options to renew the Parking Lease at fair market value to be entitled to an abatement of Parking Charges for the Permits determined 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”)Landlord's reasonable discretion. The total amount of Parking Charges for the Permits abated during Failure by Tenant to exercise any one Option to Extend shall terminate Tenant's right to renew 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 1 contract
Parking. A. Section 39.1 On the Commencement Date, Landlord shall make available or cause to Tenant, provided be made available to Tenant is not in default under this Lease, throughout the Term Seven one (71) parking permits space which Landlord is entitled to use in the Parking Garage. All parking spaces which are made available to Tenant shall be solely for automobiles. Tenant shall pay, to Landlord, as additional rent, a monthly rental charge equal to One Hundred Fifty Dollars ($150.00) per parking space which is made available to Tenant pursuant hereto. If at any time after the “Permits”) to allow access Commencement Date, the prevailing market rate for monthly rental parking spaces shall increase, the monthly rental charge set forth herein shall be increased to the prevailing rate for monthly rental of parking garage located at spaces established by Landlord generally for tenants of the Property (Building. At the “Building option of the operator of the Parking Garage”) which is used , the parking spaces shall be assigned or unassigned.
Section 39.2 Landlord shall have no responsibility with respect to any matter arising in connection with the operation furnishing of parking spaces to Tenant and Tenant's employees, including, without limitation, any damage to the automobiles of Tenant and Tenant's employees. Tenant shall have no right to charge any person any fee or other consideration for the use of any of the Building. Of said Seven parking spaces and only those persons designated by Tenant may use the parking spaces.
Section 39.3 Notwithstanding anything in this Lease or this Article 39 to the contrary, Tenant's obligations under this Lease shall not be in any way affected by Landlord's inability to make available or cause to be made available any or all of the parking spaces to Tenant or Tenant's employees by reason of (7i) 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 Unavoidable Delays with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase further construction of, or modification to, 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 damage 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 iii) subject to the provisions of this Lease.
C. The failure to timely pay Section 11.1 hereof, the whole or any part of the Parking Charge specified aboveGarage being acquired or condemned for any public or quasi-public use or purpose, 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 (iv) 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 therefromreason beyond Landlord's reasonable control.
Appears in 1 contract
Parking. A. Landlord shall make available Subtenant hereby agrees to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven lease from Sublandlord up to five (75) 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 non-reserved 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 a parking garage (the "Garage") that are provided to Sublandlord under the Primary Lease. Tenant may exercise its right to lease up to five (5) of the non-reservedreserved parking spaces by providing advance written notice thereof to Sublandlord on or before August 30, first-come1999 (the "Parking Option Date"), first-serve basisit being understood that Subtenant's right to lease the spaces shall expire on the Parking Option Data. Landlord Such notice of Sublandlord shall specify the number of spaces which Subtenant elects to lease. If Subtenant's notice specifies less than the maximum number of spaces made available to Subtenant hereunder, Subtenant may elect to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued lease additional spaces (up to specifically identified vehicles and the Parking Charge may relate a maximum aggregate of five (5) spaces) by providing subsequent notices 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 contrarySublandlord, so long as Tenant each notice is not in Default under this Leasedelivered to Sublandlord prior to the Parking Option Date. At the request of Sublandlord, Tenant Subtenant shall lease any such spaces directly from the Overlandlord or the operator of the Garage (the "Operator"). In such event, Subtenant shall enter into a direct lease with Overlandlord or Operator for such spaces.
B. Subtenant shall pay Sublandlord (or, at Sublandlord's option, to Overlandlord or the Operator) Rent for each non-reserved parking space at the initial rate of Three Hundred Five and NO/100 Dollars ($305.00) per space per month, plus any applicable tax imposed thereon. Such monthly rate shall be entitled subject 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 increase by Overlandlord from 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 Leasetime.
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 1 contract
Parking. A. (a) Landlord shall make available provide to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) 287 parking permits spaces (the “PermitsBase Parking Spaces”) to allow access during the term of the Lease and any extension, representing 246 parking spaces for the Original Premises and 41 parking spaces for the Additional Premises;
(b) In addition to the Base Parking Spaces, beginning on the day following the completion of the Additional Parking and through the Revised Expiration Date, and during any extension of the Lease, Tenant shall lease an additional 170 parking garage located at the Property spaces (the “Building GarageAdditional Parking”) which is used in connection with at the operation rate 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 $4,675.00 per month (the “Parking ChargeExpense”) equal ), subject to the sum of $0.00 per month for each Permit issued Landlord’s right 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 cancel some or all of the Lease Term in Additional Parking. 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 Landlord elects to cancel some or all of the Lease Term in the event the term hereof expires on Additional Parking, Landlord shall give Tenant 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 written notice (the “Parking Charge Abatement PeriodRecapture Notice”) stating the number of parking spaces that are subject to the Recapture Notice (the “Recaptured Parking”). The Recapture Notice shall be effective ninety (90) days after the date of the Recapture Notice. Landlord shall not be limited in the number of Cancellation Notices it may deliver to the Tenant, but in no event may the total amount of Recaptured Parking Charges for exceed the Permits abated during Additional Parking. In the Parking Charge Abatement Period shall equal $0.00 (event the “Abated Parking Charges”). If Tenant Defaults at Recaptured Parking, or any time during the Term, and any extension portion thereof, and is no longer needed by Landlord, it shall be made available to the Tenant, at the rate of $27.50 per month per parking space. In the event the Recaptured Parking, or any portion thereof, is no longer needed by Landlord, it shall be re-leased by Tenant, if Tenant fails elects, at the rate of $27.50 per month per space up to, but not including, the effective date of each Cancellation Notice. Landlord shall give Tenant no less than thirty (30) day’s prior written notice when the Recaptured Parking, or any portion thereof, will be available to cure such Default within any applicable cure period under Tenant. The Parking Expense shall be payable by the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Landlord with the Monthly Base Rent and Additional Rent. Landlord and Tenant agree that no commissions to any Broker will be due for the Parking Charges Expense set forth herein.
(c) Landlord shall be null and void and of no further force or effect. The payment by Tenant commence with construction of the Abated Additional Parking Charges in within ten (10) days of 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 full execution of this LeaseSecond Addendum.
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 1 contract
Sources: Office Lease (Go Daddy Group, Inc.)
Parking. A. Landlord Parking shall make be available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven on an exclusive basis for ------- forty-six (746) parking permits (the “Permits”) places. Tenant agrees not to allow access to overburden the parking garage located at facilities and agrees to cooperate with Landlord in the Property (use of parking facilities. "Parking" as used herein means the “Building Garage”) which is used use of Tenant's employees, its visitors, invitees, and customers for the parking of motor vehicles for such periods of time as are reasonably necessary in connection with use of and/or visits to the operation Premises. No vehicle may be repaired or serviced in the parking area and any vehicle deemed abandoned by Landlord will be towed from the project and all cost therein shall be borne by Tenant. All driveways, ingress and egress, and all parking spaces are for the joint use of all tenants. Except as otherwise provided in this Lease and the Addendum attached hereto, no area outside of the Building. Of said Seven (7) Permits granted to Tenant, each Premises shall be standard unreservedused by Tenant for storage without Landlord's prior written permission. In consideration therefor, There shall be no parking permitted on any of the streets. Tenant will shall pay to Landlord as Additional Rent and simultaneously with each installment the payment of Base Rent due under a charge for each parking space (the Lease"Parking Charge"). During the first Lease Year, the Parking Charge (hereinafter defined) hereinafter providedwill be $35.00 per month per parking space. The Permits shall only be valid between Beginning with 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, Sundayssecond Lease Year, 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 montheach subsequent Lease Year, 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 increased by three percent (the “Parking Charge Abatement Period”). The total amount of Parking Charges for the Permits abated during 3%) over the Parking Charge Abatement Period for the previous Lease Year. As used herein, the term "Lease Year" shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time mean each twelve calendar month period during the Demised Term; provided, and however, that the first Lease Year shall also include any extension thereof, and Tenant fails to cure such Default within any applicable cure period under partial month after 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 LeaseCommencement 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 1 contract
Sources: Lease Agreement (Inflow Inc)
Parking. A. Landlord As of the Second Expansion Space Commencement Date, Tenant shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) take and pay for 3 parking permits per 1,000 feet of Rentable Square Footage in the Second Expansion Space, which will be allocated as follows: (the “Permits”a) to allow 1 reserved permit providing access to the parking garage located covered space at the Property (the “Covered Space”), (b) 1 reserved space in the courtyard area behind the Building Garage(the “Courtyard Space”) which is used and (c) 13 permits allowing access to unreserved spaces in connection with the operation parking structure to be constructed at the Property (the “Additional Spaces”); provided, however, that until the construction of the Buildingparking structure is completed, Landlord shall provide parking for such Additional Spaces at other locations on the Property or adjacent to the Property. Of said Seven (7) Permits granted Tenant agrees to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to cooperate with 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 the construction of the proposed parking structure and any limited reserved relocation of the Additional Spaces made necessary by virtue of the construction of the proposed parking that structure. No inconvenience caused thereby shall be grounds for a Landlord may establish and for which Landlord may increase default or a reduction in rent or parking rent hereunder. During the Parking ChargeTerm (including any renewal or extension), 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 Tenant shall not be permitted to use the Building Garage without the pay Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garage, quoted monthly contract rate (as set 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 during the Term, as Additional Rent thereunder, a parking charge (the “Parking Charge”time) equal to the sum of $0.00 per month for each Permit issued to Tenantpermit/space, and such Parking Charge shall be paid plus any taxes thereon. The current monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable contract rate for the each reserved permit/space is (i) first partial calendar month of $100.00 per reserved permit (plus any taxes thereon) for the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, Covered Space and (ii) $50.00 per reserved space (plus any taxes thereon) for the last partial calendar month Courtyard Space. Tenant shall not obligated to pay a monthly contract rate for the Additional Spaces for the initial Term. All terms and conditions of Exhibit E to the Lease Term shall be applicable to the parking spaces set forth 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 Lease7.
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 1 contract
Parking. A. a. The Building Parking Garage consists of two (2) levels of underground parking directly beneath the Building. Commencing upon the Commencement Date and continuing throughout the term of this Lease, Landlord shall make available lease to Tenant, provided and Tenant is not shall lease from Landlord, on an unassigned, non-exclusive and un-labeled basis, 0.70 parking spaces for each 1,000 rentable square feet, of which one-half shall be 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 Building Parking Garage (the “Building GarageParking Spaces”) which is used in connection with the operation and one-half of the Building. Of said Seven (7) Permits granted to Tenant, each 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 parking garage known as “Garage will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones in West” located across the street from 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 “Garage West Parking ChargeSpaces”) equal to ). For the sum avoidance of $0.00 per month for each Permit issued to Tenantdoubt, 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 LeaseDate, Tenant shall be entitled to an abatement twenty (20) total parking spaces (ten (10) Building Parking Spaces and ten (10) Garage West Parking Spaces). Tenant shall pay Landlord or the operator of the Building Parking Charges Garage or Garage West, as applicable, and as directed by ▇▇▇▇▇▇▇▇, for the Permits parking spaces leased by Tenant hereunder at the rate or charge in effect from time to time for parking in the amount of $0.00 per month Parking Facilities for the full Term type of space leased. As of the Leasedate hereof, beginning with ▇▇▇▇▇▇▇▇’s prevailing charge for an unassigned parking space in the Building Parking Garage or Garage West, as applicable, for the type of space leased. The monthly rate for parking spaces in the Building Parking Garage is estimated to be $250.00 per parking space on the Commencement Date (the “Parking Charge Abatement Period”)Date. The total amount of Parking Charges monthly rate imposed by Landlord for the Permits abated during Garage West Parking Spaces shall be equal to the rate that is charged to Landlord by the City of Oakland for the use of such parking spaces, without mark-up. The parking charges payable by Tenant shall include the taxes, assessments or other impositions imposed by any governmental entity in connection with Tenant’s use of the parking spaces. Landlord shall use commercially reasonable efforts, at no additional cost or expense to Landlord, to assist Tenant with increasing the total number of parking spaces in Garage West such that Tenant will achieve a combined parking ratio between the Building Parking Charge Abatement Period Garage and Garage West of 1.0 parking spaces per 1,000 rentable square feet of the Premises; however, Landlord does not guarantee that the same will be achievable and in no event shall equal $0.00 Landlord be in default under this Lease or incur any liability if Tenant is unable to secure such additional parking rights. In addition, if additional parking spaces are available in the Building Parking Garage, then Tenant shall have the opportunity to lease the same. Notwithstanding anything to the contrary contained in the Lease (subject to any temporary shutdown for repairs, for security purposes, for compliance with any legal restrictions, or Force Majeure, or other causes beyond the “Abated Parking Charges”reasonable control of Landlord), Tenant’s parking privileges shall be available to Tenant twenty-four (24) hours per day, seven (7) days per week, every day of the year. If Tenant Defaults at Should Landlord provide reserved, segregated, preferred, priority, valet or block parking to any other tenant of the Building, the same shall be made available to Tenant. Any time and from time to time during the TermLease term, Tenant may decrease or, subject to then current availability at the parking facilities, increase the number of parking spaces up to the maximum permitted under this Paragraph 53 by giving thirty (30) days’ written notice to Landlord. Notwithstanding the above, Tenant shall not be required to lease the parking space provided above, but if Tenant does not accept (and commence payment for) such parking space(s) within sixty (60) days after the Commencement Date, any such parking space(s) shall be permanently forfeited. 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (52) If requested by Tenant’s employees from time-to-time, Landlord shall cause its Building personnel to escort Tenant’s employees from the Building to the Building Parking Garage or Garage West.
b. Tenant shall provide Landlord with advance written notice of the names of each individual to whom ▇▇▇▇▇▇ from time to time distributes Tenant’s parking rights hereunder, and any extension thereofshall cause each such individual to execute the standard waiver form for garage users used in the Building Parking Garage or Garage West, as applicable. If the parking charge for a particular parking space is not paid when due, and Tenant fails such failure continues for ten (10) days after written notice 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 rightssuch failure, 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 53 as to such parking space. Further, if at any time after the date which is sixty (60) days after the Commencement Date, Tenant releases to Landlord any parking space provided hereunderfor in this Paragraph 53, then Tenant’s right under this Paragraph 53 to terminate use such released parking space shall automatically forever terminate, unless Landlord then has available parking spaces to provide to Tenant at Tenant's written request, delivered at least thirty (30) days in advance.
c. The unassigned 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 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 Real Property and tow users of the Building Parking Garage or Garage West. 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 Force Majeure or any other cause beyond the reasonable control of said 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 ▇▇▇▇▇▇’s right to use the Building Parking Garage and Garage West, as applicable, is conditioned on Tenant’s abiding by and shall otherwise be subject to such reasonable rules and regulations from as may be promulgated by the operator of the subject facility. If applicable, Tenant’s employees and occupants shall only have the right to park in Tenant’s designated area(s). Landlord shall have the right to reasonably modify, change, add to or delete the design, configuration, layout, size, ingress, egress, areas, method of operation, and other characteristics of or relating to the Building Parking Garage or Garage West at any time, and/or to provide for nonuse, partial use or restricted use of portions thereof.
d. The parking rights provided to Tenant pursuant to this Paragraph 53 are provided to Tenant solely for use by officers, directors, agents, contractors and employees of Tenant, and Tenant’s permitted subtenants and assignees, and such rights may not otherwise be transferred, assigned, subleased or otherwise alienated by Tenant to any other type of transferee without Landlord’s prior written approval, which may be withheld in Landlord’s sole discretion.
e. Tenant’s business visitors may park in the visitor parking provided by Landlord for the Building, on a space-available basis, upon payment of the prevailing fee for parking charged to visitors to the Building. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at the sole cost validation rate then charged by Landlord to other tenants leasing similarly sized premises from time to time generally applicable to visitor parking. 4885-9329-8068.6391320.00007/5-29-24/arb/bwt (53)
f. Tenant’s employees shall have the right to utilize Tenant’s parking privileges within the Building Parking Garage or Garage West in the ordinary course and expense of Tenant and without liability for damages resulting therefromto leave their vehicles overnight when Tenant’s employees are on business trips or vacations.
Appears in 1 contract
Sources: Office Lease (e.l.f. Beauty, Inc.)
Parking. A. Landlord shall make available to Tenant, provided agrees that 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 provided on a non-reserved, firstexclusive basis with up to fifty (50) non-come, first-serve basisreserved automobile parking spaces at a monthly cost of $90 per vehicle during the first five (5) years of the lease term and $120 per month per vehicle during the second five (5) years of the Lease term. Landlord may elect shall have the right to establish adjust the monthly cost of each parking zones space in the Building Garage event that the City of San Francisco parking tax is increased or any other governmental entity imposes or increases a charge which is specifically applicable to parking garages. The amount of the increase for each vehicle shall be in proportion to the amount of the increase or new imposition which is allocable to each parking space. Tenant’s right to use of the parking shall be subject to timely payment of the parking charges set forth herein and subject to further reasonable rules and regulations as Landlord may establish from time to time and to all applicable laws, ordinances, rules and regulations. Such number of parking spaces shall be subject to pro rata reduction if Landlord so elects, a lesser area shall hereafter be contained in the Permits may be issued definition of the premises subject to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordthis lease. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Tenant elects to use less than fifty spaces at the Building Garage without commencement of the Landlord’s Lease term, Tenant shall give Landlord two months prior written consentnotice before increasing the number of spaces used by Tenant. Landlord reserves the right upon written notice posted to assign Tenant certain reserved tandem parking spaces on an exclusive basis at a lower monthly rate in lieu of a portion of Tenant’s nonexclusive, nonreserved spaces. Should Tenant request additional parking spaces in excess of the number of spaces provided herein, any additional spaces that Landlord makes available to Tenant shall be subject to the per diem or monthly parking space rental rate then applicable to other rental parking spaces adjacent to the building. Said parking spaces shall be located in the Building Garage, to change parking garage which is part of the Project. Landlord shall keep the parking system for the Building Garage to provide special requirements for weekendarea clean, holiday or after hours usage lighted, secure and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as in good repair. All parking areas provided by 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 hereunder shall be deemed a part of the premises for purposes of Tenant’s obligations under Paragraphs 9 and 10 hereof. Landlord may designate certain parking areas as Visitors’ Parking, to be a default in the payment of Rent. As additional consideration reserved 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 guests and/or visitors 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 thereofProject, 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 Tenant’s employees shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or park in equity. During the Parking Charge Abatement Period, only Parking Charges areas designated 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 LeaseVisitors’ 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 1 contract
Sources: Sublease Agreement (PRN Corp)
Parking. A. Landlord The Sheriff shall make available provide parking at the Sheriff’s parking lot on Mound Street at no charge to Tenantall bargaining unit members. Bargaining unit members agree to waive any claims of vandalism, provided Tenant is theft, property damage, or related claims against the Franklin County Sheriff or Franklin County Commissioners, or related entities, as a result of parking their automobiles at the Mound Street location. Bargaining unit members also agree to provide the towing company monitoring the Mound Street lot with their license plate numbers to avoid having their vehicle towed from that location. Bargaining unit members currently parking at the garage attached to ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ parking garage (a.k.a. the County Commissioners Garage) will continue to have the option of retaining their parking passes and will pay the amount of the current rate for second and third shift passes at their own cost. Employees, who park in this garage and do not in default under already have a parking pass for this Leaseparking garage, throughout the Term Seven (7) parking permits (the “Permits”) to allow access will be entitled to the use of a parking pass when beginning or ending overtime at 3:00 a.m. or 7:00 p.m. to cover the expense of parking in this garage. ▇▇▇▇▇▇▇ passes for the County Commissioner’s Garage attached to the ▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇ building and which are activated with 24 hour access shall be distributed, at no cost to the Communication Technician bargaining unit members who are permanently assigned to and/or are in training during the afternoon (2nd) and night (3rd) shifts. The 24 hour access is granted only to eliminate the need for 2nd and 3rd shift Communications Technicians from paying additional out of pocket expenses for the garage located at when working overtime as the Property passes had previously been limited to working only during certain hours of the day. These passes are available for use by the Communication Technicians while assigned and/or during training as specified above and shall be returned to the supervisor upon permanent assignment to day (the “Building Garage”1st) which is used in connection shift or upon separation from employment with the operation Franklin County Sheriff’s Office. If an audit 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 LeaseSheriff issued parking passes reveals any misconduct regarding their use, the Parking Charge (hereinafter definedSheriff reserves the right to take back any issued passes and the employee(s) hereinafter providedwill be subject to discipline. The Permits shall only be valid between the hours revocation 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 Sheriff issued 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 passes shall not be permitted subject to use the Building Garage without grievance procedure. When the Landlord’s prior written consentCommunications Center is moved away from ▇▇▇ ▇. 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 passes noted in this article shall be returned 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 LeaseSheriff.
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 1 contract
Sources: Collective Bargaining Agreement
Parking. A. Landlord will provide three (3) unassigned staff parking spaces for Tenant's use and one (1) client parking spaces with a maximum of five (5) in and outs per day in lots controlled by the Landlord which are within one block of the Building, or, if parked by valet service, street parking within one block of the Building, during normal business hours, which shall be defined as 8:00 A.M. to 6:00 P.M. weekdays and 9:00 A.M. to 1:00 P.M. Saturdays. The use of these spaces shall be subject to those terms and conditions listed below: Landlord shall make this parking available to Tenant, provided except when presented with circumstances beyond its control. Tenant acknowledges that the Landlord 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 responsible for damage or loss caused by 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 Garageevents, including but not limited to storm, theft, accident, vandalism, or any loss of personal property within the rules establishing vehicle and shall indemnify and save Landlord harmless from any liability for loss arising out of such circumstances. IF ANY GOVERNMENTAL AUTHORITY CANCELS OR RESTRICTS LANDLORDS PARKING RIGHTS OR IF THE CTA CANCELS IT LEASE WITH LANDLORD, Landlord retains the right to cancel this parking agreement at any time limits on providing the use Tenant with one month's written prior notice. Should Tenant be in default under the terms of said Permitsthis Lease, shall entitle Landlord, in addition Landlord may cancel this parking agreement without notice. Landlord retains the right to cancel guest parking at any other remedies provided hereunder, time and change from a monthly fee to terminate the Permits and tow any vehicles which are in violation of said a daily cash basis fee. Tenant agrees to abide by all rules and regulations as may be established from time to time by Landlord, and shall display a parking permit in the vehicle when using the parking lot. In the event Landlord cancels or terminates any of the parking space to be made available to Tenant under this paragraph, the Monthly Base Rent due from Tenant shall be reduced by the amount of $80.00 per month per parking space from the Building Garage at the sole cost and expense time of Tenant and without liability for damages resulting therefromsuch cancellation or termination.
Appears in 1 contract
Sources: Office Lease (Participate Com Inc)
Parking. A. (a) At all times during the Term, Landlord shall make available agrees to Tenantfurnish and Tenant agrees to pay for and lease, provided Tenant is not in default under this Lease, throughout the Term Seven permits to park up to one hundred sixty-five (7165) parking permits vehicles on an unassigned basis (the “"Unassigned Permits”") in the Garage and fifteen (15) reserved spaces designated by Landlord from time to allow access time in the Garage ("Reserved Permits"). No specific spaces in the Garage are to be assigned to Tenant for 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 TenantUnassigned Permits, 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 but Landlord may establish and designate the area in which the vehicles with Unassigned Permits may be parked, which designations may change from time to time. Additionally, Landlord will designate a specific space in the Garage for each Reserved Permit, if any, to be issued by Landlord to Tenant as provided herein, which designated space may be changed by Landlord may increase from time to time. Landlord will issue to Tenant the Parking Charge, all tenant aforesaid number of parking stickers and/or cards each of which will authorize parking in the Building Garage of a vehicle on which the sticker is displayed, or Landlord will provide a reasonable alternative means of identifying and controlling vehicles authorized to be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish parking zones parked in the Building Garage Garage.
(b) As rental ("Parking Rental") for the Unassigned Permits and if Landlord so electsthe Reserved Permits (collectively, 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 Landlord commencing on the Rent Commencement Date and continuing thereafter throughout the Term, as additional rental hereunder, the prevailing market rate (as may be determined by Landlord from time to time in its sole discretion) for such Parking Permits in comparable garages in metropolitan Houston, Texas, which rate is as of the Effective Date deemed to be (1) during the Initial Term, (i) the sum of $15.00 per month (plus any applicable sales tax) for each of the Unassigned Permits to be issued by Landlord as herein provided, and (ii) the sum of $25.00 per month (plus any applicable sales tax) for each of the Reserved Permits to be issued by Landlord as herein provided, and (2) during the Renewal Term (if applicable), the amount determined in accordance with Section 7.1 plus any applicable sales tax for each of the Parking Permits to be issued by Landlord as herein provided, such sums to be payable monthly in advance on the first day of each and every month during the Term, as Additional Rent thereunder, and 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 sum shall be payable for the (i) first any partial calendar month of the Lease Term in the event the Commencement Date occurs this Lease commences (or ends) on a date other than the first day of a calendar month, and (iior last) 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 's obligation to pay the Parking Charge Rental shall be considered an obligation to pay Rent for all purposes thereunder hereunder and shall be secured in like manner as is Tenant’s '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 to the contrary provided herein, the Parking Rental as to one hundred thirty-five (135) of the Unassigned Permits only shall ▇▇▇▇▇ from the Rent Commencement Date through and until the expiration of the Initial Term.
(c) If the parking spaces covered by the Parking Permits are not available to Tenant during any portion of the Term due to causes beyond the reasonable control of Landlord (including without limitation, as the result of a casualty or condemnation) this Lease to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an continue without abatement of Parking Charges for the Permits Rent and Landlord shall use reasonable efforts to make available to Tenant sufficient substitute unassigned parking spaces (in the amount of $0.00 per month for the full Term those spaces not available to Tenant) within a one (1) mile radius of the LeaseProject, beginning with until the Commencement Date (parking spaces covered by the “Parking Charge Abatement Period”)Permits are made available to Tenant. The total amount of Parking Charges for substitute parking spaces shall be provided to Tenant at a rental rate not to exceed the Permits abated during rate Tenant would have paid had the parking spaces covered by the Parking Charge Abatement Period Permits been so available to Tenant in the Garage. Landlord shall equal $0.00 use its reasonable efforts to ensure that the parking spaces covered by the Parking Permits are available to Tenant throughout the Term.
(d) Landlord or the “Abated Parking Charges”)operator of the Garage may make, modify and enforce reasonable rules and regulations relating to the parking of vehicles in the Garage, and Tenant shall abide by such rules and regulations and shall exercise reasonable efforts to cause its employees and invitees to abide by such rules and regulations. If Additionally, Landlord reserves the right to alter the size of the Garage.
(e) Should additional space be added to the Leased Premises through the exercise of Tenant's Right of Refusal pursuant to Section 7.2 hereof, Landlord agrees to make available to Tenant Defaults at any time during throughout the remainder of the Term, and any extension thereofTenant agrees to take and lease, Unassigned Permits upon the same terms and conditions set forth above, inclusive of Section 6.15(a); provided, however, Tenant shall only be entitled to lease from Landlord, and Tenant fails Landlord shall only be required to cure such Default within any applicable cure period under the Leaselease to Tenant, 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 Unassigned Permits in the event ratio of a Default shall not limit or affect any two and eight-tenths (2.8) vehicles for each one thousand (1,000) square feet of Landlord’s other rights, pursuant to this Lease or at law or Net Rentable Area contained in equity. During the Refusal Space and the Parking Charge Abatement Period, only Parking Charges Rental for the such additional Unassigned Permits shall be abatedthe then prevailing market rate (as may be determined by Landlord from time to time in its sole discretion) for such additional Unassigned Permits in comparable garages in metropolitan Houston, Texas.
(f) Landlord shall provide a validation stamp or other similar device by which Tenant may provide to Tenant's visitors, invitees, 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 guests (but not limited employees or owners of Tenant) up to one (1) hour of parking in 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 no cost and expense of Tenant and without liability for damages resulting therefromto Tenant.
Appears in 1 contract
Parking. A. Tenant is entitled to the non-exclusive use of the parking facilities, as they exist from time to time and subject Landlord’s rules and regulations regarding the same, including, initially, the right to use 3.2 parking spaces per 1,000 RSF of the Premises. The foregoing shall not be deemed to provide Tenant with an exclusive right to any parking spaces or any guaranty of the availability of any particular parking spaces or any specific number of parking spaces throughout the Term. Tenant shall not, at any time, park or permit to be parked any recreational vehicles, inoperative vehicles or equipment in the Common Areas or on any portion of the Project. Landlord may at its election upon ten (10) days’ written notice to Tenant designate the locations within the Project in which Tenant and Tenant’s employees and visitors may park so long as the number of available parking spaces is not reduced. Landlord shall make available be permitted to install and utilize a valet parking system to satisfy Tenant’s parking requirements hereunder. Tenant agrees to notify its employees and invitees of the parking provisions contained herein. If Tenant or its employees park any vehicle within the Project in violation of these provisions, then Landlord may, upon prior written notice to Tenant giving Tenant one (1) day to remove such vehicle(s), deliver a second written notice giving Tenant two (2) business days to remove such vehicle(s), and after such two (2) business day period, Landlord may charge Tenant, provided as Additional Rental, and Tenant agrees to pay, as Additional Rental, One Hundred Dollars ($100) per day for each day that each such vehicle is not so parked within the Project, in default addition to any other remedies Landlord may have 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 to grant easements and access rights to others for use of the parking areas on the Project. Tenant shall have the option, upon not less than sixty (60) days’ prior written notice posted in the Building Garageto Landlord, to change the license, on a month-to-month basis (which such month-to-month periods shall coincide with calendar months), additional 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 spaces from 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 subject to the sum terms and conditions hereof at a cost of Twenty Dollars ($0.00 20.00) per month for each Permit issued to Tenantspace per month, and such Parking Charge which shall be paid monthly in advance as hereinabove Additional Rental to Landlord; provided. A pro rata portion , however, that Tenant’s ability to license additional parking spaces shall be subject to and contingent upon (1) the availability of such Parking Charge shall be payable for additional parking spaces at the (i) first partial calendar month of Project, and Tenant hereby acknowledges and agrees that any given time during the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monththere may be no additional parking spaces available for license hereunder, and (ii2) for the last partial calendar month of the Lease Term in the event the term hereof expires on a date other Landlord’s right, upon not less than the last day of a calendar month. Tenant’s obligation thirty (30) days’ prior written notice 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 Termination 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 Tenant’s license of any such additional parking spaces without any further liability or responsibility to Tenant therefor, such termination to be effective as of the Permits and tow any vehicles first (1st) day of the calendar month immediately following the month in 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 therefromParking Termination Period ends.
Appears in 1 contract
Sources: Lease Agreement (Lifelock, Inc.)
Parking. A. Landlord shall make available provide and Tenant shall pay for and have the right to Tenantuse a total of 267 exclusive parking spaces on the Property, provided Tenant is not on the lots north of the Building and in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the existing parking garage located at the Property (the “Building Garage”) which is used in connection with the operation south of the Building. Of said Seven (7) Permits granted Landlord may designate up to Tenant25 of such spaces to be in the existing parking garage south of the building, each and the other parking spaces shall initially be surface parking on the Property and on the lots north of the Building. In addition, Landlord shall provide 11 designated short term or transient parking stalls at no charge for visitors of Tenant in the vicinity of the Building. The use of such short term or transient parking stalls shall be standard unreservedgoverned by the terms of the REA (as defined below) and initially shall be in the location designated on Exhibit F. If Tenant desires any additional short term/transient parking stalls, it may utilize its own surface or garage parking stalls for that purpose. In consideration thereforSurface parking rates shall be $75.00 plus applicable sales/use tax (if any) per stall per month and garage parking rates shall be $125 plus applicable sales/use tax (if any) per stall per month. Each date on which Landlord delivers portions of the Premises to Tenant pursuant to Section 3, Tenant will pay shall commence payment for a pro-rata share of the total parking, based on the ratio the rentable square footage of the delivered floors bears to Landlord the total rentable square footage of the Premises (exclusive of Storage Space). Tenant shall have the right to choose, on each such delivery date, how many spaces for each added increment shall be surface parking spaces and how many shall be parking garage spaces. Payment for parking spaces shall be due with the payment of rent as Additional Rent and with each installment of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter providedprovided herein. The Permits parties acknowledge that Landlord contemplates the construction of a new parking facility near the Building. If such new parking facility is constructed, Landlord shall only be valid between have the hours right to designate and provide any or all of 5:00 a.m. the above-mentioned 267 exclusive parking spaces and 11:00 p.m. daily and between the hours of 5:00 a.m. and 11:00 p.m. on Saturdays11 designated short term/transient parking spaces in the new parking garage, Sundays, and Holidays. Except with respect to any limited reserved parking provided that Landlord may establish require Tenant to use parking spaces in the new garage in lieu of parking spaces on the Property and for which on the lots north of the Building only if new development is undertaken on the lots north of the Building. Parking rates in the new parking facility shall be $125 plus applicable sales/use tax (if any) per stall per month. However, if Landlord may increase requires Tenant to use parking spaces in the Parking Chargenew parking garage, all tenant Tenant shall also have the right to use any additional parking in the Building Garage will be on lots north of the building while available (i.e. until utilized for construction, permanent building, landscaping or similar purposes) at a non-reservedrate of $75 per month. In addition, 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 to provide temporary replacement parking for some of the surface parking spaces on the lots north of the Building if a portion of the surface parking area is needed for construction or construction staging for the development of the new parking garage. Such temporary replacement parking may be off site, provided that if replacement parking is more than 1/4 mile from the Premises, Landlord agrees to provide (at Landlord's expense) shuttle service between the Premises and such off site parking area. In the event Tenant exercises its right of first opportunity or right of first offer set forth below to lease additional space in the Building GarageBuilding, 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 extent additional 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 Leasethen available, Tenant shall be entitled obligated to lease from Landlord an abatement additional 1.5 parking spaces for each 1,000 rentable space feet 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 additional space leased by Tenant (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 rounded to the Abated Parking Charges shall be null next whole number of parking spaces and void and of no further force or effect. The payment with a credit for any north lot spaces voluntarily taken 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 last sentence of the second paragraph 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 subsection while such spaces are available). Such spaces may be on the use of said Permits, shall entitle LandlordProperty, in addition to any other remedies provided hereunderthe north lot, to terminate the Permits and tow any vehicles which are in violation of said rules and regulations from existing parking garage or the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromnew parking facility, as designated by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Parking. A. Tenant shall have the use, on an undesignated and unreserved basis, of the number of parking spaces set forth in Article 1 above, such spaces to be in such areas of the Project as may be reasonably specified from time to time by Landlord for Tenant's parking as depicted on Exhibit B. Landlord shall make be required to ensure that such spaces are available to for Tenant's use, 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 and in connection with the operation of the Building. Of said Seven (7) Permits granted to Tenant, each therewith Landlord shall be standard unreservedrequired to tow parked cars, provide sanctions against improper parking, or otherwise take steps to free occupied parking spaces for Tenant's use. 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 not use any limited reserved parking that Landlord may establish and spaces for which Landlord may increase the Parking Charge, all tenant truck 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 or loading except for spaces specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined designated for such use by Landlord. If Landlord implements a system whereby only specifically identified Tenant shall not, at any time, park or permit to be parked any recreational vehicles, inoperative 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 or equipment in the Building Garage, Outside Areas or on any portion of the Property or the Project. Tenant agrees to change assume responsibility for compliance by its employees and invitees with the parking system for the Building Garage provisions contained herein. Tenant shall have no right to provide special requirements for weekend, holiday park in any parking garage or after hours usage and to temporarily close the Building Garage, structure heretofore or portions thereof to make such repairs hereafter constructed by 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 or its employees park any time during vehicle within the TermProperty or the Project in violation of these provisions, and any extension thereofthen Landlord may, and upon prior written notice to Tenant fails to cure such Default within giving Tenant two (2) business days (or any applicable cure period under the Leasestatutory notice period, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant if longer than two (2) business days 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 Landlordremove such vehicle(s), in addition to any other remedies Landlord may have under this Lease, charge Tenant, as Additional Rent after the expiration of such two (2) business day period, 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 Property or the Project. Except for vehicles that Landlord has asked Tenant to remove, Tenant shall not tow or cause to be towed any vehicle located on the Property or the Project until three (3) full business days after Tenant has provided hereunderwritten notice to Landlord identifying such vehicle by brand, model, color, and license plate number and state. Landlord reserves the right to terminate grant easements and access rights to others for use of the Permits and tow any vehicles which are in violation parking areas on the Property, provided that such grants do not unreasonably interfere with Tenant's use of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromparking areas.
Appears in 1 contract
Sources: Sublease (Equinix Inc)
Parking. A. Landlord Tenant shall make available have the exclusive right to Tenantrent up to two hundred fifty eight (258) unreserved parking passes in the Garage at the then prevailing Project rates applicable to the Garage upon payment of prevailing parking rates as in effect from time to time. Notwithstanding the foregoing, provided in no event will Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow have access to the parking garage located at spaces allotted to Tenant pursuant to Section 1.10 of Exhibit “H” prior to the Property (Rent Commencement Date. Tenant shall comply with reasonable parking rules and regulations implemented for 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 initial rate will be $175/month for unreserved stalls and $200/month for reserved stalls. Tenant shall only be valid between comply with reasonable parking rules and regulations imposed by Landlord. Landlord shall have 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 right to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant permit event parking in the Building Garage only on Monday-Friday after 6 p.m, and all day and night on Saturdays and Sundays. Tenant will have full access to the Garage from 7:00 a.m. to 6:00 p.m. Monday through Friday. After 6:00 p.m. on weekends and Holidays, 75% of the Garage will be on a non-reservedavailable for use by outside parkers, first-come, first-serve basisprovided that 25% of the Garage will be reserved for Tenant and valet parking will be provided to Tenant at no charge. Landlord may elect In no event shall the foregoing be interpreted to establish impose any obligation of Tenant to remove the cars from the Garage using the parking zones passes in the Building Garage and if Landlord so electsafter 6 p.m., 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 provided that (i) first partial calendar month of Tenant does not permit the Lease Term in the event the Commencement Date occurs parking spaces to be used on a date other than the first day of a calendar monthan overnight basis unless approved by Landlord, and (ii) for the last partial calendar month Tenant uses reasonable efforts to discourage use of the Lease Term Garage by Tenant’s employees after 6:00 p.m. on weekends and Holidays for reasons unrelated to such employees’ employment activities with Tenant. There shall be no free visitor parking in the Garage, but Landlord agrees to maintain ten (10) designated visitor parking spaces near the interior entry to the Garage as shown on Exhibit N. In the event Tenant has not rented the term hereof expires total number of allotted parking stalls on or before the sixth (6th) month following the Rent Commencement Date, Landlord shall have the right to rent any unused stalls to third parties 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-to-month basis, provided that 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 may regain the use of said Building Garagesuch returned stalls upon thirty (30) days’ prior written notice to Landlord. 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 Nothing in this Lease shall remain as due and payable pursuant to constitute a representation or warranty by Landlord that there shall be sufficient facilities in the provisions Garage for use by Tenant’s invitees or guests, other than the reservation 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 25% of the Building GarageGarage for use by Tenant after 6:00 p.m. on weekends and Holidays. Landlord shall provide reasonable temporary parking accommodations for Tenant’s construction vehicles during construction of the Tenant Improvements, including but not limited to the rules establishing time limits as shown 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 therefromExhibit “O”.
Appears in 1 contract
Sources: Triple Net Lease (Athenahealth Inc)
Parking. A. Landlord Permanent employees, temporary employees, and casual employees, who are employees of record as at December 31st, 2022, shall make available to Tenantreceive the privilege of free of charge parking at or near City Hall or the Service & Resource Centre or at or near the Police Administrative Office, as applicable, or at or near the Nanaimo Fire Rescue Administrative Office, as applicable, provided Tenant that the applicable location is not in default under this Lease, throughout the Term Seven their normal and regular work location. The following provisions apply:
(7a) This parking permits (the “Permits”) to allow access privilege is subject to the applicable taxable benefit.
(b) This 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 privilege shall only be valid provided during the eligible employee’s regularly scheduled hours of work and overtime.
(c) This parking privilege is subject to the Employer’s right to determine where these employees actually park in order to receive this privilege. This Letter shall be automatically renewed in the future and shall be appended to each future renewal Collective Agreement between the hours Parties, unless both Parties mutually agree to let it expire. for the Employer for the Union Director of 5:00 a.m. and 11:00 p.m. daily and between Human Resources President, CUPE Local 401 Between: CITY OF NANAIMO In recognition of the hours unique requirements of 5:00 a.m. and 11:00 p.m. on Saturdayscustodial staff, Sundaysin some situations, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and be available 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 electsentire duration of their shift, the Permits following shall apply: When a Custodian works a shift in which they are required to be available on site during their lunch break, they shall be entitled to eight (8) hours pay for seven and one-half (7½) hours worked. for the Employer for the Union Director of Human Resources President, CUPE Local 401 Between: CITY OF NANAIMO This Letter may be issued cancelled by either Party upon sixty (60) calendar days written notice to specifically identified vehicles the other Party. Permanent full-time custodians shall be permitted to self-declare a shift preference by notifying the Employer’s Manager, Recreational Facilities & Custodial Services or designate in writing. When the Employer decides to fill a permanent full-time custodian vacancy that would otherwise be posted under Section 16(a), other than Police Services positions, that vacancy shall first be offered to the senior self-declared permanent full-time custodian who has placed their name on the Shift Preference List (the List) in advance and who is seeking that shift, provided that employee has the Parking Charge may relate required skill, knowledge and ability to specified zone(sperform the applicable work after a short familiarization period not to exceed one (1) as determined by Landlordshift. If Landlord implements the offer is declined, the Employer shall move down the List, in seniority order, to other permanent full- time custodians, if any, who are seeking the shift and who have the required skill, knowledge and ability to perform the applicable work after a system whereby only specifically identified vehicles are granted Permitsshort familiarization period not to exceed one (1) shift. When an offered shift is declined under this Letter, other vehicles the employee refusing the offer shall be removed from the List and shall not be permitted to use again place their name on the Building Garage without List for that particular shift for a period of three (3) calendar months. When an offered shift is accepted under this Letter, the Landlord’s prior written consentemployee accepting the offer shall be assigned that shift and the trial period pursuant to Section 16(e). Landlord reserves And, if the right upon written notice posted Employer intends to fill the vacancy created by that reassignment, clauses 16 (a), (b) and (e) shall apply. for the Employer for the Union Director of Human Resources President, CUPE Local 401 Between: CITY OF NANAIMO The Parties recognize that emergencies may arise in the Building Garagecommunity where employees of the City will be called upon to provide support and continuity. To prepare for this, the parties agree to the following:
a) In the case of an emergency:
i. for which the Employer activates an Emergency Operations Centre (EOC); and
ii. which results in overtime work being performed by any employee; and
iii. for which the Employer receives compensation from the Provincial Emergency Program, the compensation associated with overtime work performed by the employee will be paid out to the employee. The employee cannot elect to bank the overtime compensation.
b) Parties will meet to identify bargaining unit employees who would be suited to roles within the Emergency Operations Centre (EOC).
c) Employees identified must agree to take on the role. The employee’s manager must also approve.
d) Employees will be properly trained to perform the functions, at no loss of pay.
e) CUPE agrees that, in emergency situations, employees will be slotted into positions and the EOC schedule as determined by the EOC Director. This will not necessarily be in seniority order.
f) All Collective Agreement obligations, other than notice of shift change (due to emergency), apply. for the Employer for the Union Director of Human Resources President, CUPE Local 401 Between: CITY OF NANAIMO The Parties recognize the benefits of hiring Co-op Students to allow for the students to get some practical work experience, the City of Nanaimo to gain the benefit of added value in the workplace and the Union to be provided with an opportunity to familiarize people entering the workplace with the Union, to change that end CUPE Local 401 and the parking system City of Nanaimo have agreed to the following terms:
1. Students hired under the Co-operative Educational Training Program (co-op students) are registered in a recognized University or College education program. Where a co-op student is not available, the City may hire a student on term break to fill the role (student placement). VIU students currently in a degree program qualify under this Letter of Understanding, even if they are not in a recognized co-op program.
2. Co-op students are employees hired for the Building Garage a limited duration on a supernumerary basis to provide special requirements for weekend, holiday or after hours usage a work experience that is acceptable to their institution and relevant to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as Landlord may deem appropriatetheir program of study.
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 3. Co-op students will 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 indirectly supervised by CUPE Local 401 members 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 Leaseexcluded staff.
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 1 contract
Sources: Collective Bargaining Agreement
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout At all times 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 allocation of such spaces to be staggered based on 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 Suite 160 Commencement Date 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 Full Premsies 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 LeaseDate), Tenant shall be entitled to an abatement the non-exclusive use of Parking Charges for the Permits 281 parking spaces in the amount Building’s parking lot or the shared lot (as shown on Exhibit A-3) (37 spaces as of the Suite 160 Commencement Date, and the remaining 244 spaces as of the Full Premises Commencement Date). As part of the overall parking allocation (with the allocation of such spaces to be staggered based on the Suite 160 Commencement Date and the Full Premsies Commencement Date) provided to Tenant herein (with the following parking to count towards Tenant’s 281 parking spaces), Landlord shall provide forty-eight (48) covered spaces (6 covered spaces as of the Suite 160 Commencement Date, and the remaining 42 covered spaces as of the Full Premises Commencement Date) at the locations identified on Exhibit A-1, at the initial rate of $0.00 [***] per month for space, per month, with such rate to increase at the full Term same time and at the same percentage increase as Base Rent. Landlord reserves the right to control the method, manner and time of the Leaseparking in all parking spaces. Tenant shall not use any parking space designated by Landlord as visitor parking or as exclusive to other parties. Tenant shall insure that its employees, beginning customers, clients, guests, invitees and licensees comply with the Commencement Date (the “Parking Charge Abatement Period”). The total amount provision of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)this Section 36. If Tenant Defaults at any time during the Termuses parking in excess of that provided for herein, and any extension thereofif such excess use occurs on a regular basis, and if Tenant fails fails, after written notice from Landlord of any one violation, to cure such Default within any applicable cure period under the Lease, all Abated Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges shall be null and void and of no further force or effect. The payment by Tenant of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, and all Base Rent, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease.
C. The failure to timely pay the Parking Charge specified above, or to comply with the rules and regulations governing the reduce its excess use of the Building Garageparking areas, then Landlord may assess a charge of [***] Dollars ($[***]) against the Tenant for each violation, which shall be payable as Additional Rent. Further, Landlord reserves the right to post a notice of violation on any offending vehicle and to tow the offending vehicle regardless of whether the vehicle is owned by a Tenant or any other party, including but not limited any employee, customer, client, invitee or licensee of a Tenant, and to charge the rules establishing time limits on expense thereof to owner of 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 therefromvehicle.
Appears in 1 contract
Parking. A. Landlord 4.11.1 Tenant shall make available be allocated, at no cost to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven Lease Term, three and one-half (73.5) 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 stalls per 1,000 rentable square feet 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 Premises on a non-reservedexclusive, firstnon-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 reserved basis (the “Standard Parking ChargeAllocation”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and such ). The Standard Parking Charge shall Allocation will 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 located within a 100 yard radius of the Premises throughout 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 Term. Inclusive 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 Standard 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 LeaseAllocation, Tenant shall be allocated a covered parking ratio of .6/1,000 rentable square feet of the Premises, also at no cost to Tenant throughout the Lease Term. If Tenant requests, Landlord will designate parking stalls within the Standard Parking Allocation to facilitate valet service for Tenant’s employees. Tenant shall also be entitled to an abatement ▇▇▇▇ up to ten (10) covered parking stalls located close to the Building as being reserved for certain employees of Tenant but Landlord shall have no obligation whatsoever to police or enforce the reserved use of such spaces. On-street parking is also allowed throughout ▇▇▇▇▇▇▇▇ 405 Corporate Center, which substantially increases the parking capabilities at the Building.
4.11.2 In addition to the Standard Parking Charges for Allocation, Landlord shall designate and Tenant may use, without cost, sixty-five (65) additional non-exclusive, non-reserved parking stalls within ▇▇▇▇▇▇▇▇ 405 Corporate Center at no cost to Tenant throughout the Permits in the amount of $0.00 per month for the full Lease Term of the Lease, beginning with the Commencement Date (the “Supplemental Parking Charge Abatement PeriodAllocation”). The total amount Supplemental Parking Allocation shall initially be located on the east, west and north side of Building V currently leased to MCI through April 30, 2010 as and where shown on Exhibit B attached hereto. The Supplemental Parking Charges for Allocation will effectively bring the Permits abated during overall parking ratio to 4.5 stalls per 1,000 rentable square feet throughout the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any time during the Lease Term, and any extension thereofnot including street parking. Landlord shall have the option to relocate Tenant’s designated stalls elsewhere within ▇▇▇▇▇▇▇▇ 405 Corporate Center throughout the term of the Lease by giving Tenant thirty (30) days’ advance notice. Over the Lease Term, and Landlord shall use its best efforts to identify additional temporary or permanent parking for Tenant fails to cure such Default as needed within any applicable cure period under the Lease, all Abated Parking Charges ▇▇▇▇▇▇▇▇ 405 Corporate Center.
4.11.3 Tenant’s parking privileges shall immediately become due and payable, and all future rights of Tenant be subject 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 relating to parking adopted by Landlord from time to time provided they are not inconsistent with this Lease and do not materially impair or restrict Tenant’s use of the parking rights provided herein. In no event shall the number of parking stalls used by Tenant exceed the number of stalls allocated to Tenant in the definitions of the Standard Parking Allocation and the Supplemental Parking Allocation. Landlord shall have no obligation whatsoever to monitor, secure or police the use of the Building Garage, including but not limited parking or other common areas although Landlord shall have an obligation to take whatever action may be reasonably possible to ensure that the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition parking rights granted to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which Tenant under this Lease are in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability available for damages resulting therefromTenant’s use.
Appears in 1 contract
Sources: Triple Net Lease (HouseValues, Inc.)
Parking. A. Landlord shall hereby agrees to make available to TenantTenant and Tenant hereby agrees to pay for and take, provided Tenant is not in default under during the full term of this Lease, throughout the Term Seven (7) 3.5 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 for each 1,000 rentable square feet leased by Tenant, each shall of which up to ninety (90) of such permits 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 assigned permits located 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 covered portion of the Building Garage, to change . With 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 exception 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 's assigned permits 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 covered portion of the Building Garage, including but not limited all of Tenant's permits shall be provided on an unassigned, first come, first served basis. The monthly rate for each of the parking permits for assigned parking shall be $ 25.00 plus taxes, and for unassigned parking shall be $0.00 plus taxes. Said rentals shall be due and payable to the rules establishing time limits Landlord as additional Rent ("Parking Rental") on the use first day of said Permits, each calendar month during the term of this Lease. Failure by Tenant to pay Parking Rentals when due shall entitle constitute an Event of Default pursuant to Section 5.08(a) herein. Tenant agrees to comply with Landlord, in addition to any other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said 's Parking rules and regulations from as described in the attached Exhibit "F". Notwithstanding the above, Parking Rental for Tenant's assigned parking permits shall be abated months one (1) through sixty-three (63) of the Lease Term. Any additional assigned or unassigned parking permits granted Tenant as a result of an expansion of the Leased Premises shall be provided at the then prevailing monthly rate offered by comparable office buildings in the Park Ten area of Houston, Texas, including the Building. Effective upon the expiration of month sixty-three (63) of the primary Lease Term, Tenant shall have the one (1) time option of reducing the number of assigned permits in the Building Garage at Garage. In order to exercise this option, Tenant shall notify Landlord not later than expiration of month sixty-one (61) of the sole cost primary Lease Term, and expense shall include in such notice the number and location of Tenant assigned permits it shall pay for and without liability for damages resulting therefromtake during the remainder of primary Lease Term.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Parking. A. During the Term, Landlord shall make available will provide or will cause the garage operator to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven provide two (72) parking permits passes per every 1,000 rentable square feet of the Premises, for use of unreserved parking spaces located in the structured parking garage commonly known as ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ or the structured parking facilities commonly known as ▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ and/or 160 CambridgePark Drive, respectively, as may be designated by Landlord from time-to time (each, a “Parking Facility”). In the “Permits”) to allow access to event that Tenant 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, Tenant’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. For the first day twelve (12) months of a calendar monththe Term, the monthly parking charge shall be $150.00 per month per parking pass. Commencing on the first (1st) anniversary of the Commencement Date, and (ii) for the last partial calendar month on each subsequent anniversary of the Lease Term in Commencement Date, the event monthly parking charge per parking pass shall be increased to be an amount equal to one hundred and four percent (104%) of the term hereof expires on monthly parking charge per parking pass payable during the immediately preceding twelve (12) month period. 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, assignees and/or pursuant to a date other than Permitted Transfer, the last day parking passes shall not be transferable. Landlord shall have the right from time to time to designate the 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 1 contract
Sources: Lease (Vor Biopharma Inc.)
Parking. A. 4.11.1 Landlord shall make available hereby grants to Tenant, provided Tenant is not free of charge, the right to five (5) designated parking spaces in default under this Lease, throughout the Term Seven (7) parking permits garage (the “Permits”) to allow access to the parking garage located at the Property (the “Building Garage”) which is used serving the Building for use by Tenant’s employees (collectively, the “Designated Parking Spaces”). The Designated Parking Spaces initially shall be located as shown on the plan annexed hereto as Exhibit I, provided, however, Landlord reserves the right in connection with the operation of the Building. Of said Seven its discretion to relocate such Designated Parking Spaces from time to time upon not less than ten (710) Permits granted Business Days notice to Tenant. Upon Tenant’s written request, each Landlord shall cause to be made available up to ten (10) additional designated parking spaces in the Garage for Tenant’s use at a cost of up to Thirty Dollars ($30.00) per month per parking space during the initial Lease Term expiring on February 28, 2013, which sum shall be standard unreservedpayable monthly in advance on or before the first day of each month. In consideration thereforUpon such designation, 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 such additional parking spaces 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 included 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 definition of Designated 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 consentSpaces. Landlord reserves the right upon written notice posted in the Building Garage, to change the adjust such monthly parking system fees to a market rate 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 any period that the Lease Term may be extended after February 28, 2013.
4.11.2 The landlord shall designate an area of the surface parking lot on the Land for use as “visitor parking”, which are may be changed from time to time as Landlord determines in its reasonable discretion.
4.11.3 Landlord hereby grants to Tenant the nonexclusive privilege to use, on a first-come-first-served basis and in common with other tenants, that number of parking spaces on the Land determined by subtracting the number of Designated Spaces in effect from time to time from the number of parking space allocated to Tenant 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 definition of the Lease Term in Parking Ratio. Notwithstanding the event the term hereof expires on a date other than the last day of a calendar month. foregoing, Tenant’s obligation nonexclusive privilege to pay use such parking spaces on the Parking Charge Land in common with other tenants shall be considered an obligation limited to pay Rent for all purposes thereunder those areas reasonably designated by Landlord and shall be secured subject to the reasonable rules and regulations relating to parking adopted by Landlord from time to time and promptly provided to Tenant. Landlord shall have the right to grant designated, reserved parking stalls to other tenants in like manner as is the Building. In no event shall the number of parking stalls used by Tenant and Tenant’s obligation to pay Rent. Default Agents (including the Designated Parking Spaces and parking spaces in the payment area designated as visitor parking) exceed the number of such stalls allocated to Tenant in the definition of the Parking Charge Ratio, provided, however, that nothing in this sentence shall be deemed to be a default in alter the payment first-come-first-served basis of Rent. As additional consideration for parking (other than 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 Designated Parking Spaces) as provided in this Section of the Lease paragraph 4.11. Landlord shall have no obligation whatsoever 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 monitor 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 police the use of the parking or other common areas. Tenant’s parking privileges provided pursuant to this paragraph 4.11.3 shall be free of additional charge during the period beginning on the Commencement Date and ending on February 28, 2013. Landlord reserves the right to charge a fee for such parking privileges for any period that the Lease Term may be extended after February 28, 2013.
4.11.4 With the exception of the temporary closure all or any portion of the parking areas for purposes of repairing, maintaining, constructing or replacing any portion of the parking area, any other common areas, the Garage and/or the Building Garageor due to emergency circumstances, including but Landlord shall not limited voluntarily taken any action without the consent of Tenant (which consent shall not be unreasonably withheld, conditioned or delayed) which would cause the number of parking spaces on the Land to be less than that required by the parking Ratio. If Landlord does take any voluntarily action which would cause the number of parking spaces on the land to be less than the required by the parking Ratio. Landlord shall exercise commercially reasonable efforts to provide reasonable alternative parking. In the event of the temporary of permanent loss of any parking spaces on the Land due to casualty, condemnation or any other cause beyond Landlord’s control, the Parking Ratio automatically shall be deemed amended to reflect the actual number of remaining parking spaces on the Land, provided that if such loss is temporary the Parking Ratio shall be restored to the rules establishing time limits on number in effect immediately prior to such loss as soon as such parking spaces are again available. In the use case of said Permits, shall entitle Landlord, in addition to any other remedies provided hereundera temporary loss, to terminate the Permits extent within Landlord’s control, Landlord shall exercise reasonable 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 therefromdiligent efforts to restore such parking spaces as quickly as reasonably possible.
Appears in 1 contract
Sources: Gross Lease (TNS Inc)
Parking. A. Landlord (A) Tenant shall make available to Tenantrent the Parking Passes during the Term. Tenant may not use additional parking passes without the prior written consent of Landlord, provided which may be withheld in Landlord's sole discretion. Tenant is and its agents, employees, contractors, invitees or licensees shall 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 interfere with the operation rights of Landlord or others entitled to similar use of the BuildingParking Facility. Of said Seven (7) Permits granted to Tenant, each Tenant shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord as Additional Rent and with each installment for automobile Parking Passes on a monthly basis the prevailing rate charged from time to time for Parking Passes in the Parking Facility (the "Parking Charge"); provided, however, that, notwithstanding the foregoing during the first three (3) Lease Years of Base Rent due under the Leaseinitial Lease Term, the Parking Charge (hereinafter definedinclusive of parking taxes) hereinafter provided. The Permits for each unreserved, nonpriority Parking Pass rented by Tenant 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 One Hundred Fifty Dollars ($150.00) per month and the Parking Charge (inclusive of parking taxes) for each unreserved, priority parking pass rented by Tenant shall be Two Hundred Twenty-Five and No/100 Dollars ($225.00) per month. In addition, Tenant shall be responsible for 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 imposed after the third anniversary of the Commencement Date; provided, however, that to the extent the tax imposed on parking charges by the City of Los Angeles is increased or decreased during the first three (3) Lease Years above or below the amount of such tax in effect on the Commencement Date, then the Parking Charges for the first three (3) Lease Years set forth in the preceding sentence shall be increased or decreased, as the case may relate be, by the amount of the applicable increase or decrease in such tax. Such parking fee shall be due and payable on the first day of each month during the Term, together with the payment of monthly Base Rent.
(B) The Parking Facility furnished by Landlord shall be subject to specified zone(s) as determined the reasonable control and management of Landlord, who may, from time to time, establish, modify and enforce reasonable rules and regulations with respect thereto. Landlord may totally or partially delegate its responsibilities hereunder to a parking operator in which case such parking operator shall have all the rights of control and obligations delegated by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles but such delegation shall not be permitted relieve Landlord of liability hereunder. Landlord further reserves the right to change or reconfigure the Parking Facility (but not the location thereof except on a temporary basis in the event of damage and destruction or eminent domain or as required by law) and designate the Parking Passes therein, to construct or repair any portion thereof, and to restrict or eliminate the use of any parking areas and do such other acts in and to such areas as Landlord, in its reasonable discretion, deems necessary or desirable; provided, however, that no such act on the part of Landlord shall materially and unreasonably restrict Tenant's right to use its Parking Passes nor reduce Tenant's parking rights or increase Tenant's obligations as a result thereof. Furthermore, Landlord shall use commercially reasonable efforts to cause any such work permitted pursuant to the preceding sentence to be conducted in a manner which will minimize any inconvenience to the tenants of the Building Garage without the Landlord’s prior written consent. and to provide alternate parking.
(C) Landlord reserves the right upon written notice posted in the Building Garage, at any time to change the designate certain parking system areas 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 Tenant shall thereafter be paid monthly responsible to insure that its employees park in advance as hereinabove providedthe designated area. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Tenant shall, if requested by Landlord, furnish to Landlord a complete list of the Lease Term in the event the Commencement Date occurs on a date other than the first day license plate numbers of a calendar monthall vehicles operated by Tenant, Tenant's employees and (ii) agents. The parking passes rented by Tenant pursuant to this Article 4 are provided to Tenant solely 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. use by 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's own personnel, 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, provided that Tenant shall be entitled to transfer such passes to other tenants of the Building and/or to an abatement assignee or sublessee of Tenant approved by Landlord pursuant to the terms of Section 4.2, below, without Landlord's prior approval. Landlord shall not be liable for any damage of any nature to, or any theft of, vehicles, or contents thereof, in or about such Parking Charges for Facility. At Landlord's request, Tenant shall cause its employees and agents using Tenant's parking passes to execute an agreement confirming the Permits foregoing. Notwithstanding anything to the contrary contained in the amount of $0.00 per month for the full Term of the Lease, beginning subject to Landlord's reasonable rules and regulations, Tenant's Parking Passes shall be available to Tenant twenty-four (24) hours per day, seven (7) days per week, provided that during reasonable night-time hours and on weekends, access to Project parking areas may be reasonably restricted for security purposes (e.g., to persons with card keys or passes issued by Landlord, or other similar restrictions).
(D) Visitor parking shall be at a charge to visitors at the Commencement Date (rate established by Landlord from time to time, which rates shall be comparable to visitor parking rates being charged by landlords of Comparable Buildings. Tenant shall have the “Parking Charge Abatement Period”). The total amount of Parking Charges right to purchase validations for Tenant's business visitors from Landlord or Landlord's parking operator, as the Permits abated case may be, at the prevailing rate charged by Landlord from time to time; provided, however, that during the Parking Charge Abatement Period first three (3) Lease Years only, Tenant shall equal $0.00 only be required to pay seventy-five percent (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 75%) of the Abated Parking Charges in the event of a Default shall not limit or affect any of prevailing rate charged by 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 1 contract
Parking. A. Tenant shall have the right to use with other tenants or occupants of the Complex twenty eight (28) 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 28 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, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant Landlord reserves the right, 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 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 provisions 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 at Tenant's sole expense to tow away from the Complex 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 spaces 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 1 contract
Parking. A. Landlord shall make available to Tenant, provided Unless 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 Leasehereunder, Tenant shall be entitled to an abatement of parking stickers and/or cards equal to sixteen (16) parking spaces (the “Parking Charges for Passes”). Each Parking Pass shall entitle the Permits vehicle on which the Parking Pass is presented to park in the parking garage located beneath the Building (the “Garage”) during Normal Office Hours in a non-preferential and non-exclusive basis. Tenant shall pay a monthly fee per Parking Pass in the amount of One Hundred Thirty-five Dollars ($0.00 per month for the full Term of the Lease135.00), beginning plus any tax or assessment imposed by any governmental authority in connection with the Commencement Date such parking privileges (the “Parking Charge Abatement PeriodFee”). The total Parking Fee shall be adjusted annually on the anniversary of the Commencement Date to the prevailing market rate for such parking, as determined by Landlord. Landlord shall provide thirty (30) days’ written notice of the adjusted Parking Fee. The amount Tenant pays for each Parking Pass is not intended to cover the costs of Parking Charges for repairing, maintaining and operating the Permits abated during the Parking Charge Abatement Period Garage, which costs shall equal $0.00 be included in Operating Expenses (the “Abated Parking Charges”as defined in Article 7). If Tenant Defaults at any time during Landlord shall have exclusive control over the Termday-to-day operations of the Garage. No specific spaces in the Garage shall be assigned to Tenant. Landlord may make, modify and any extension thereofenforce reasonable rules and regulations relating to the parking of vehicles in the Garage, and Tenant fails to cure shall abide by 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 and shall cause its employees and invitees to abide by such rules and regulations. In lieu of providing parking stickers or cards, Landlord may use any reasonable alternative means of identifying and controlling vehicles authorized to be parked in the use Garage. Landlord may designate the Garage for long term or employee parking only and Landlord may change such designations from time to time. Landlord may direct Tenant’s invitees and customers to other parking structures or lots within a reasonable distance from the Premises with space available on a first-come, first served non-exclusive basis in common with the general public. Landlord reserves the right to alter the size of the Building GarageGarage and the configuration of parking spaces and driveways therein. Landlord may assign any unreserved and unassigned parking spaces and/or make all or a portion of such spaces reserved or institute any other measures, including but not limited to the rules establishing valet, assisted or tandem parking, that Landlord determines are necessary or desirable for tenant requirements or orderly and efficient parking. Landlord at any time limits on the use may substitute for Tenant’s Parking Passes an equivalent number of said Permits, shall entitle Landlord, parking passes or spaces 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 a parking structure or subterranean parking facility or within a surface parking area located a reasonable distance from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromPremises.
Appears in 1 contract
Parking. A. Landlord Tenant shall make available have the right to Tenant, provided Tenant is not in default under this Lease, throughout lease for the initial ------- fifteen (15) years of the Term Seven (7) up to 75 parking permits (spaces in the “Permits”) to allow access to the parking Building's underground garage located at the Property rate of $250.00 per space, per month (inclusive of all taxes), which amount shall not be subject to escalation; except that in addition to, and concurrently with, the “Building Garage”) which is used in connection with the operation payment of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforforegoing $250 parking charge, Tenant will shall pay to Landlord as Additional Rent and with for each installment of Base Rent due under the Leaseits parking spaces, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between $30.00 per month tax/fee imposed by the hours City 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 Chicago upon Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking each vehicle parked in the Building Garage will be on a non-reserved, first-come, first-serve basisgarage. 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 Tenant 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 agree that Tenant shall not be permitted responsible for any increases to use the Building Garage without foregoing City of Chicago tax/fee or any new parking taxes or fees, but said $30.00 per month tax/fee shall be reduced by the Landlord’s prior written consent. Landlord reserves the right upon written notice posted in the Building Garageamount of any reduction, if any, to change the parking system foregoing tax/fee levied by the City of Chicago. Such spaces shall be 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, exclusive use by 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 locations designated by Tenant’s obligation , such rights to pay Rentextend through the term of this Lease and any extensions thereof, and to include the right to sublease such spaces. 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 LeaseIn addition, Tenant shall be entitled entitled, at regular annual Building rates therefor, to an abatement of Parking Charges any parking spaces which were rented by the immediately preceding tenants in space added to the Premises after the Commencement Date. Tenant may release such parking spaces, or any thereof, so leased at any time(s) on not less than thirty (30) days' notice and shall not have any rights for the Permits in the amount number 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 spaces so released at any time during thereafter. Tenant may request additional parking spaces over and above the Term75 space allocation which, and any extension thereofsubject to availability, 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 provided at the monthly rate then prevailing in similar parking structures in downtown Chicago. Landlord shall provide reduced parking rates for bikes and void motorcycles consistent with rates for bikes and motorcycles charged by similar parking structures in downtown Chicago. Landlord shall continue to provide the amount, type and quality of no further force or effect. The payment by Tenant parking services which Landlord provides as of the Abated Parking Charges in the event of a Default shall not limit or affect any of Landlord’s other rightsdate hereof, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Periodincluding, 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, car washes. If in the future Landlord provides reserved parking spaces to other tenants in the Building, Landlord shall also provide Tenant with the same right to have reserved parking as provided to such other tenant. Landlord acknowledges that Tenant has a storage and workshop space on level P-2 of the Building's parking garage (the "Storage and Workshop Space"), which the parties acknowledge and agree contains approximately 1,500 RSF and occupies six (6) parking spaces. With respect to the rules establishing time limits Storage and Workshop Space, on or before the use of said PermitsCommencement Date, shall entitle LandlordTenant shall, in addition to any other remedies provided hereunderTenant's sole discretion, to terminate either (i) vacate the Permits Storage and tow any vehicles which are in violation Workshop Space and remove all of said rules and regulations Tenant's belongings from the Building Garage Storage and Workshop Space, (ii) elect to have the six (6) spaces of the Storage and Workshop Space included as part of the aforementioned 75 parking spaces allocated to Tenant or (iii) elect to lease the six (6) spaces of the Storage and Workshop Space for the Term and to pay for such six (6) spaces at the sole cost and expense of Tenant and without liability monthly rate for damages resulting therefromparking spaces charged by Landlord for spaces in the Building's parking garage other than Tenant's 75 spaces.
Appears in 1 contract
Sources: Lease (Bcom3 Group Inc)
Parking. A. (a) Tenant shall have a non-exclusive, irrevocable license to use, but shall not be obligated to use, Tenant’s Pro Rata Share of parking facilities serving the Building in common on an unreserved basis with other tenants of the Building during the Term. Landlord shall make available not voluntarily reduce Tenant’s Pro Rata Share of such parking facilities to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven less than one and 18/100 (71.18) parking permits spaces per one thousand (1,000) square feet of Rentable Area of the Premises. The parking set forth in this Section shall be free for the first sixty (60) months of the Term. Thereafter, Tenant shall pay for each parking space that Tenant uses at the then-prevailing market rate. Landlord shall not increase the parking cost (a) more than once per year and (b) more than three percent (3%) on a year over year basis. Tenant shall pay any parking costs simultaneously with payments of Base Rent as Additional Rent. Landlord shall ensure that the Building’s underground parking garage is gated and contains a card reader system.
(b) Tenant may, upon thirty (30) days’ prior written notice to Landlord, choose to release its license to use any portion of Tenant’s Parking Pro Rata Share (the “PermitsReleased 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 thereforsuch event, 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 obligated to pay any future parking fee for such Released Spaces, and Landlord, in its sole discretion, may grant use of the Released Spaces to a third party. Tenant, upon thirty (30) days’ prior written notice to Landlord, may request that Landlord reinstate Tenant’s license to use the Building Garage without Released Spaces. In the Landlordevent the Released Spaces are or become available, Landlord shall reinstate Tenant’s prior written consent. Landlord reserves license to use such Released Spaces, and Tenant shall be obligated to pay the right upon written notice posted corresponding parking fee as set forth 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 appropriatethis Section 13.3.
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”c) 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 at its option, may designate (i) first partial calendar month a number of the Lease Term spaces in the event uncovered surface parking lot associated with the Commencement Date occurs on a date other than Building as visitor parking (“Visitor Spaces”), which shall be for the first day exclusive use of a calendar month, Tenant’s visitors; and (ii) a number of spaces in the covered parking garage associated with the Building as employee or executive parking (“Executive Spaces”), which shall be for the last partial calendar month exclusive use 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 employees or executives, as elected by Tenant; provided, however, that the Parking Charge shall be considered an obligation to pay Rent for all purposes thereunder sum of such Visitor Spaces and Executive Spaces will not exceed fifteen (15) in total and shall be secured a part of (and not in like manner as is addition to) Tenant’s obligation to pay RentPro Rata Share of parking. 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 Prior to the contraryTerm Commencement Date, so long as Tenant is Landlord shall label or otherwise ▇▇▇▇ the Visitor Spaces and Executive Spaces for use only by Tenant’s visitors or employees/executives, respectively. Landlord shall not in Default under this Leasebe obligated to monitor or police the Visitor Spaces or the Executive Spaces, Tenant but 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 tow unauthorized vehicles if notified 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 Leasethat such vehicles are unauthorized.
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 1 contract
Sources: Lease (Omeros Corp)
Parking. A. Landlord shall make available Subject to Tenant, provided Tenant is not in default under the other provisions of this Lease, throughout the Term Seven (7) and excluding those 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 spaces designated by Landlord as Additional being reserved for Nektar Therapeutics, commencing on the Rent Commencement Date and with each installment of Base Rent due under ending on 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 expiration date 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 LeaseTerm, Tenant shall be entitled to an abatement 3.0 unreserved parking spaces per 1,000 rentable square feet for use by Tenant and its employees, business invitees and agents. Landlord may designate or redesignate from time to time the location of Parking Charges for the Permits parking spaces, provided that at all times Tenant and its employees shall be permitted to park in the amount of $0.00 per month for the full Term underground garage of the LeaseProject. Notwithstanding the foregoing, beginning with six (6) of such parking spaces shall be designated by Landlord for Tenant’s exclusive use, such designated spaces to be located near the Commencement Date (main visitor entrance of the “Parking Charge Abatement Period”)Building and marked in a manner reasonable acceptable to both Landlord and Tenant at Tenant’s sole cost and expense. The total amount of Parking Charges for Tenant shall not park any trucks or any delivery vehicles in the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults at any parking areas or driveways, except as specifically designated by Landlord from time during the Termto time, and any extension thereofshall confine all truck parking, loading and unloading to times and locations specifically designated by Landlord from time to time. Tenant fails to cure such Default within any applicable cure period under the Lease, shall require all Abated Parking Charges shall immediately become due and payable, and all future rights of trucks servicing Tenant to be promptly loaded or unloaded and removed from the Abated Parking Charges shall be null site. Landlord hereby reserves the exclusive right with respect to the use of parking facilities, roadways, sidewalks, driveways, islands and void walkways for advertising purposes. Tenant covenants 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 agrees 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 enforce the provisions of this Lease.
C. The failure Lease against Tenant’s employees and business invitees. Landlord may from time to timely pay time circulate parking stickers for the Parking Charge specified abovepurpose of identifying motor vehicles of Tenant and Tenant’s employees and/or circulate validation tickets for the purpose of identifying Tenant’s business invitees. Landlord shall have the right, but not the obligation: (a) to police said parking facilities, (b) to provide parking attendants, (c) to cause unauthorized and/or unregistered motor vehicles (but only upon 48 hours verbal or written notice to Tenant for first time offenders) to be towed away at the sole risk and expense of the owner of such motor vehicles, (d) to designate certain areas of the parking facilities for the exclusive use of motor vehicles having handicapped designations on their license plates and/or for the exclusive use of visitors to the Project, (e) to use any portion of the parking facilities from time to time and/or to deny access to the same temporarily in order to repair, maintain or restore such facilities or to comply construct improvements under, over, along, across and upon the same for the benefit of the site and to grant easements in the parking facilities to any authorities, (f) to adopt and modify from time to time rules and regulations for parking and vehicular ingress, egress, speed, no parking, no standing, and for times and places for move-in, move-out and deliveries, (g) to designate fire lanes, loading zones and restricted parking from time to time and to tow violators immediately with no notice and (h) to designate from time to time specific areas for the parking of Tenant’s employees cars. Landlord shall use commercially reasonable efforts to insure that 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, promulgated by Landlord will be enforced 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 therefroma non-discriminatory manner.
Appears in 1 contract
Sources: Lease (Nuvelo Inc)
Parking. A. Landlord shall make create at least six (6) parking spaces in the basement of the building, in accordance with applicable City Codes and the plans and specifications contained in attached Exhibit A, by the Commencement Date. Tenant shall have the exclusive use of: ( a) the greater of seventy-five percent (75%) of the total, or six (6), parking spaces in the basement of the building, at a rate of $75.00 per space per month; (b) six (6) parking spaces in the surface lot directly east of and across Baltimore Street from the building, at a rate of $35.00 per space per month; and (c) up to the greater of seventy-five percent (75%) of the total, or seventy-five (75), of the parking spaces available to Landlord in what is known as the Freight House surface lot, at the rate negotiated and paid by Landlord, as may be adjusted from time to time. Tenant's use of, and obligation to pay for, parking spaces in the Freight House surface lot shall be on an as needed basis each month, determined by written notice to Landlord one full calendar month in advance of the use. The amounts due from Tenant to Landlord for parking shall be paid monthly, in advance, as Additional Rent. All of the parking areas mentioned in this section shall be referred to collectively in this Lease as the "PARKING AREAS" and shall be adequately lighted, at all times for those in the garage of the building, and after sunset and until sunrise each day for the those outdoors. None of the parking spaces referred to above in this section shall be used to satisfy any handicapped parking space requirements imposed upon Landlord by Laws (defined below). If Landlord loses it rights to use the Freight House surface parking lot or the parking lot east across Baltimore Street from the building for providing Tenant with the parking spaces referred to in this Section, or its rights to use any other parking lot(s) to which Tenant and Landlord agree after the Commencement Date, Landlord shall provide Tenant, provided Tenant is not prior to or by the time of the loss, with the same number of alternate parking spaces in default under this Lease, throughout the Term Seven (7a lot(s) parking permits (the “Permits”) to allow access located in close proximity to the parking garage located at the Property (the “Building Garage”) which is used building that are reasonably acceptable to Tenant. Landlord shall give Tenant copies of all notices Landlord receives in connection with the operation any threatened or actual termination 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 its rights to use any parking areas promptly after Landlord receives the Building Garage without the Landlord’s prior written consentsame. 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.PUBLIC REQUIREMENTS
Appears in 1 contract
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under During the Term of this Lease, throughout and subject to the Term Seven (7) parking permits rules and regulations from time to time in effect (the “PermitsRules”) 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 use the number of Parking Charges parking spaces set forth in Section 1.1 in the parking facility of the Building at the rate applicable from time to time for monthly parking as set by Landlord and/or its licensee. Tenant shall have until October 31, 2019 to advise Landlord in writing that Tenant has elected to lease fewer than the number of spaces described in Section 1.1. Except to the extent that Tenant has so notified Landlord in writing prior to October 31, 2019, Tenant shall be committed to leasing all twenty-four (24) spaces for the Permits in balance of the amount of $0.00 per month for the full Term of this Lease. Landlord may, in its sole discretion, assign tandem parking spaces to Tenant and designate the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount location of Parking Charges for the Permits abated during the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”)any reserved parking spaces. If Tenant Defaults at commits or allows in the parking facility any time during of the Termactivities prohibited by the Lease or the Rules, then Landlord shall have the right, without notice, in addition to such other rights and any extension thereofremedies that it may have, to remove or tow away the vehicle involved and charge the cost to Tenant, which cost shall be immediately payable by Tenant fails upon demand by Landlord. The Initial Parking Charge per parking space is set forth in Section 1.3 and is subject to cure such Default within any applicable cure period under the Leasechange by Landlord, all Abated Parking Charges in Landlord’s sole discretion, upon thirty (30) days’ prior written notice to Tenant Monthly parking fees shall immediately become due and payable, and all future rights of Tenant be payable in advance prior to the Abated Parking Charges first day of each calendar month. Visitor parking rates shall be null and void and of no further force or effectdetermined by Landlord from time to time in Landlord’s sole discretion. The payment parking rates charged to Tenant or Tenant’s visitors may not be the lowest parking rates charged 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 Landlord 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 facility. Any tax imposed on the privilege of occupying space in the parking facility, including but not limited upon the revenues received by Landlord from the parking facility or upon the charges paid for the privilege of using the parking facility by any governmental or quasi-governmental entity may be added by Landlord to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to monthly parking charges paid by Tenant at 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 1 contract
Parking. A. Landlord shall will make available parking spaces up to Tenant's Maximum set forth in Section 1.9, provided if any, for Tenant's use during the term hereof. Tenant is not in default under this Leaseshall notify Landlord on or before the Commencement Date of the number of parking spaces up to Tenant's Maximum it will initially require and, throughout the Term Seven (7) parking permits (the “Permits”) to allow access thereafter, Tenant shall give Landlord written notice at least 30 days prior to the date that Tenant shall require the use of any 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 addition 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 Leasethose initially accepted, the Parking Charge (hereinafter defined) hereinafter providedtotal of which shall not exceed ▇▇▇▇▇▇'s Maximum. Tenant shall pay the monthly rate in effect for each parking space utilized as such rate may change from time to time. 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 Saturdaysmonthly parking rates are currently as follows: $65.00 for an assigned reserved space, Sundays$40 for an unassigned covered space, and Holidays. Except with respect to any limited reserved parking that Landlord may establish and $20 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(san unassigned deck (uncovered) 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 consentspace. Landlord reserves the right upon written notice posted in to determine the Building Garage, to change the type of parking system spaces allocated for the Building Garage to provide special requirements Tenant's use. Tenant will receive one monthly bill 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 all spaces taken which shall be paid monthly in advance the same manner and at the same place as hereinabove provided. A pro rata portion of such Parking Charge shall be payable Minimum Rent for the (i) first partial calendar month Premises. Tenant has no rights to use parking spaces except as provided in this Section. The right granted to Tenant to use any space is a license only and Landlord's inability to make any space available at any time for reasons beyond Landlord's reasonable control is not a material breach by Landlord of the Lease Term in the event the Commencement Date occurs on a date other than the first day its obligations hereunder. The abatement 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 '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 unavailable spaces during any period of unavailability constitutes 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”)'s sole remedy. 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 timely pay a parking bill, in addition to being a default under the Lease, Tenant may, at Landlord's option, forfeit its right to all Abated Parking Charges shall immediately become due parking spaces. All vehicles parked in the parking garage and payable, and all future rights of Tenant to the Abated Parking Charges personal property therein 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 risk of Tenant, Tenant's Agents and expense the users of Tenant such spaces and without Landlord shall have no liability for damages resulting therefromloss or damage thereto for whatever cause.
Appears in 1 contract
Parking. A. Landlord shall make available Tenant may elect to Tenantrent from Landlord, provided Tenant is not in default under this Lease, throughout the Term Seven on a monthly basis:
(7A) up to sixteen (16) additional valet parking permits passes (the “PermitsMust-Take Space Parking Allocation”) to allow access which parking passes shall pertain to the Parking Garage and be effective concurrent with the Must-Take Effective Date;
(C) up to four (4) additional valet parking garage located at the Property passes (the “Building Garage25th Floor Must-Take Space Parking Allocation”) which is used in connection parking passes shall pertain to the Parking Garage and be effective concurrent with the operation of the Building. Of said Seven 25th Floor Must-Take Effective Date; and/or
(7D) Permits granted up 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 three (hereinafter defined3) 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 additional valet 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 passes (the “Expansion Space Parking ChargeAllocation”) equal which parking passes shall pertain to the sum Parking Garage and be effective concurrent with the Expansion Effective Date. The Expansion Space Parking Allocation, Must-Take Space Parking Allocation, 25th Floor Must-Take Space Parking Allocation and Tenant’s Initial Parking Allocation are sometimes collectively referred to herein as “Tenant’s Parking Allocation”. Within thirty (30) days after the Expansion Effective Date, the Must-Take Effective Date or the 25th Floor Must-Take Effective date, as applicable (each such date is hereinafter referred to as the “Additional Parking Election Deadline”), Tenant shall deliver to Landlord a Parking Election Notice (as defined in Section 28.1 of $0.00 per month for each Permit issued the Lease), specifying how many of the parking passes in the Must-Take Space Parking Allocation, the 25th Floor Must-Take Space Parking Allocation or the Expansion Space Parking Allocation, as applicable, at that time Tenant has elected 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 rent for the (i) first partial calendar month remainder 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 monthTerm. Tenant’s obligation If Tenant fails to pay deliver 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 Election Notice on or before the payment of such Additional Parking Charge Election Deadline, then Tenant shall be deemed to be a default have elected to rent all of the parking passes in the payment of RentMust-Take Space Parking Allocation, the 25th Floor Must-Take Space Parking Allocation or the Expansion Space Parking Allocation, as applicable. 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 Tenant’s leasing of any loss or damage to automobiles or other property while located all of the parking passes in the Building GarageMust-Take Space Parking Allocation, the 25th Floor Must-Take Space Parking Allocation 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 Expansion Space Parking Allocation, as applicable, shall be subject to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement terms and conditions of Parking Charges for the Permits in the amount of $0.00 per month for the full Term Article 28 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.fifth
Appears in 1 contract
Sources: Office Lease (Okta, Inc.)
Parking. A. (a) The Landlord shall make available to Tenant, provided the Tenant is not in default under this Lease, throughout the initial Term Seven (7) but not any Renewal Term), 3.3 covered parking permits stalls in the Garage per 1,000 square feet of Rentable Space of the Premises from time to time (the “Permits”"Base Stalls"). In addition, the Landlord will, subject to availability of parking stalls and at the Tenant's request, provide the Tenant with additional covered parking on a month to month basis at a ratio of 1 stall per 1,000 square feet of Rentable Space of the Premises from time to time (the "Monthly Stalls").
(b) The Tenant shall pay for the Base Stalls and Monthly Stalls allocated to allow access it in each month during the first 3 years of Term a monthly charge of $15.00 per stall per month. Thereafter, the monthly fee payable by the Tenant for the Base Stalls and Monthly Stalls allocated to the Tenant in each month shall be based on the fair market monthly rates for comparable parking garage facilities in the general geographic area in North York/▇▇▇ ▇▇▇▇▇ in which the Building is located. For greater certainty, in determining the parking rates, the parties shall not take into account parking rates in buildings located at on or near a subway line.
(c) The Tenant shall pay the Property (the “Building Garage”) which is used basic monthly charge for Base Stalls and Monthly Stalls allocated to it in connection with the operation any month irrespective of the Building. Of said Seven Tenant's use of such stalls.
(7d) Permits granted to TenantIf, 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 Leasein any month, the Parking Tenant utilizes parking stalls in excess of the Base Stalls and Monthly Stalls allocated to it in such month, the Tenant shall pay for such stalls, apart from the Excess Stall Charge (hereinafter defined) hereinafter providedset out in subparagraph 11(f), a daily charge for each business day in which such stalls are utilized calculated pro rata based upon the then current monthly charge payable by the Tenant for Base Stalls and Monthly Stalls and the number of business days in such month. The Permits Landlord shall only be valid between invoice the hours of 5:00 a.m. and 11:00 p.m. daily and between Tenant monthly for any parking stalls to which the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and Holidays. Except foregoing charges apply.
(e) The Landlord will provide the Tenant with additional parking access cards with respect to any limited reserved the Garage for the Tenant's employees. The Tenant shall pay a deposit of $10.00 per parking that Landlord may establish and for which Landlord may increase access card to the Parking Charge, all tenant parking in Landlord.
(f) While the Building Garage Tenant will be on a non-reserved, first-come, first-serve basis. Landlord may elect to establish invoiced for excess parking zones stall usage in the Building Garage and if Landlord so electsaccordance with subparagraph 11(d), the Permits may be issued Tenant shall not under any circumstances allow its directors, officers or employees to specifically identified vehicles utilize more than 5 parking stalls per 1,000 square feet of Rentable Space at the Premises at any time 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 take such steps as reasonably necessary to prevent such excess use. To the extent that the Tenant utilizes more than 4.3 parking stalls per 1,000 square feet 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 Rentable Space 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 the charges under subparagraph (d), shall be entitled to levy an additional charge of $2.50 per excess stall per day (the "Excess Stall Charge") for each day or part thereof in which excess parking stalls are utilized and the Tenant shall pay all amounts so charged by the Landlord forthwith on demand as additional rent.
(g) The Landlord shall have the right to reduce or cancel the Tenant's rights to the Monthly Stalls on the basis of lack of availability or the need to provide such parking to other remedies provided hereundertenants of the Building, in which event the maximum utilization of parking stalls permitted 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 its employees, and for damages resulting therefromwhich an Excess Stall Charge will be made shall be 4 parking stalls per 1,000 square feet of Rentable Space of the Premises.
(h) 7 of the Tenant's parking stalls located within the Garage shall be designated as reserved stalls and may be marked by the Tenant at its own expense as being so reserved for its use. The Landlord shall have no obligations to police the exclusive use of such reserved stalls by the Tenant and shall not be liable in any way to the Tenant if persons unauthorized to use same park vehicles in such reserved stalls.
(i) In order to determine excess use of parking stalls, the Landlord agrees to install and maintain a system which shall provide reporting of the actual number of motor vehicles of the Tenant and its employees occupying the Garage on each day. The Landlord shall provide a monthly report outlining the number of parking stalls occupied each day by the Tenant and its employees, the number of days on which the Tenant's maximum parking stall allocation was exceeded and by how many stalls the allocation was exceeded. The Landlord's invoicing of the Tenant for use of excess stalls as set out above shall be based on such monthly report.
Appears in 1 contract
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-five and 00/100 Dollars ($195.00) 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 then current rates for such parking. 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 1 contract
Sources: Office Lease (Smartsheet Inc)
Parking. A. Subject to all matters of record, Force Majeure, a Taking (as defined in Section 19 below) and the exercise by Landlord of its rights hereunder, Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) up to 49 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 spaces in the Building Technology Square Garage will be on a non-reservedexclusive basis at market rates in those areas designated for non-reserved parking, first-come, first-serve basis. Landlord may elect subject in each case 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 Garagerules and regulations; provided, to change the parking system for the Building Garage to provide special requirements for weekendhowever, 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, that Tenant shall be entitled required to an abatement of Parking Charges pay 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”)32 parking spaces. If Tenant Defaults there is a shortage 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 Term 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 Technology Square Garage such that Landlord is unable to make available to Tenant the full number of a Default shall not limit or affect any of Landlord’s other rights, parking spaces allocated to Tenant pursuant to this Lease paragraph, the parking spaces in the Technology Square Garage shall be allocated among the tenants in the Project on a pro rata basis. Landlord may allocate parking spaces among Tenant and other tenants in the Project if Landlord determines that such parking facilities are becoming crowded. Tenant shall pay to Landlord or as directed by Landlord, monthly as Additional Rent hereunder, the market rate for each parking space, as reasonably determined by Landlord from time to time, which as of the date hereof shall be $220.00 per space per month. Tenant shall notify Landlord prior to the Commencement Date as to how many parking spaces (which amount shall not be lower than 32 parking spaces or exceed 49 parking spaces) that Tenant will initially use hereunder and Tenant shall give Landlord 30 days’ notice if it wishes to use additional spaces during the Term, not to exceed 49 parking spaces in the aggregate hereunder. Landlord shall provide written notice to Tenant on or before the Commencement Date if Landlord has any parking spaces (in addition to the 49 spaces made available to Tenant pursuant to this paragraph)(“Additional Spaces”) for Tenant’s use on a month-to-month basis terminable by Landlord or Tenant upon 30 days’ written notice to the other. Tenant shall give Landlord 30 days’ advance notice if it wishes to use any Additional Spaces. Tenant shall be required to pay the market rate for any Additional Spaces used by Tenant during the Term for the period of Tenant’s use of such Additional Spaces. Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties, including other tenants of the Project. Tenant shall, at law or in equity. During Tenant’s sole expense, for so long as the Parking Charge Abatement Periodand Traffic Demand Management Plan dated May 9, only Parking Charges 1999 as approved by the City of Cambridge on July 9, 1999, including the conditions set forth in such approval (as amended from time to time, the “PTDM”), remains applicable to the Condominium, (i) offer to subsidize mass transit monthly passes for the Permits shall be abated, all of its employees; (ii) implement a Commuter Choice Program; (iii) discourage single-occupant vehicle (“SOV”) use by its employees; (iv) promote alternative modes of transportation and all Base Rent, Additional Rent use of alternative work hours; (v) meet with Landlord and/or its representatives no more than quarterly discuss transportation programs and other costs initiatives; (vi) participate in annual surveys monitoring transportation programs and charges specified initiatives at Technology Square; (vii) cooperate with Landlord in this Lease shall remain as due connection with transportation programs 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 1 contract
Sources: Lease Agreement (Epizyme, Inc.)
Parking. A. Landlord shall make available to Tenant, provided Tenant is not in default under this Lease, throughout 34.01 During the Term Seven of this Lease and any extension thereof, Tenant (7i) shall be entitled to the non-exclusive use of up to one (1) parking permits space per 2,000 rentable square feet of the Premises (which amount Tenant shall have the option to determine by notice to Landlord within thirty (30) days of the Initial Premises Commencement Date as to the Initial Premises and within thirty (30) days of the Additional Premises Commencement Date as to the Additional Premises) (and for any Expansion Space, Accepted ROFO Premises and ROFR Space as to which Tenant exercises its option to lease, within thirty (30) days of the respective Commencement Date with respect thereto) in the Building’s parking facilities existing as of the Lease Execution Date (the “PermitsParking Facility”), it being agreed that if Tenant makes no election, it shall be deemed to have elected its full parking allotment for the applicable portion of the Premises, subject to the following terms and conditions:
(a) After its initial allotment for each portion of the Premises, upon ninety (90) days’ advance notice, Tenant may elect to reduce from time to time its allotment of parking spaces to a lower number whereupon the monthly parking charges shall be proportionately reduced, in which case Landlord may lease such spaces to others; however, Tenant may from time to time elect to increase its allotment up to the maximum number set forth in Section 34.01 upon ninety (90) days’ advance notice to Landlord whereupon the monthly parking charges shall be proportionately increased.
(b) Tenant shall pay to Landlord, or Landlord’s designated parking operator, the Building’s prevailing monthly parking charges, without deduction or offset, on the first day of each month during the Term of this Lease. Landlord will notify Tenant upon not less than 30 days’ notice of any increases in the monthly parking charges prior to billing Tenant any increases. No deductions from the monthly charge shall be made for days on which the Parking Facility is not used by Tenant.
(c) Tenant shall at all times abide by and shall cause each of Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees and subtenants (collectively, “Tenant’s Parties”) to allow access abide by any rules and regulations (“Rules”) for use of the Parking Facility that Landlord or Landlord’s parking operator reasonably establishes from time to time and of which Tenant is provided notice, and otherwise agrees to use the Parking Facility in a safe and lawful manner. Landlord reserves the right to adopt, modify and enforce the Rules governing the use of the Parking Facility from time to time including any key-card, sticker or other identification or entrance system. Landlord may refuse to permit any person who violates such Rules to park in the Parking Facility, and any violation of the Rules shall subject the car to removal from the Parking Facility.
(d) Unless specified to the contrary above, 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 spaces hereunder 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 provided on a non-reserved, designated “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 served” basis at such times as the Parking Charge may relate to specified zone(s) Facility is operating on a self-park basis, and shall be valet-assisted on a “first-come, first-served” basis at such times as determined by Landlord. If Landlord implements the Parking Facility is operating on 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 consentvalet-assisted basis. Landlord reserves the right upon written notice posted in the Building Garageto assign specific spaces, 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 Garagereserve spaces for visitors, small cars, disabled persons or portions thereof for other tenants or guests, and Tenant shall not park and shall not allow Tenant’s Parties to make park in any such repairs assigned or alterations reserved spaces. Tenant may validate visitor parking by such method as Landlord may deem appropriate.
B. approve, at the validation rate from time to time generally applicable to visitor parking. Tenant acknowledges that the Parking Facility may be temporarily closed entirely from time to time for no longer than seven (7) consecutive days (or partially closed from time to time) in order to make repairs or perform maintenance services, or to alter, modify, re-stripe or renovate the Parking Facility, or if required by casualty, strike, condemnation, act of God, governmental law or requirement or other reason beyond the operator’s reasonable control. In consideration the event that the Parking Facility is closed for the Permits, Tenant covenants foregoing reasons 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 such closure prevents Tenant from parking in the event the Commencement Date occurs on a date other than the first day of a calendar month, Parking Facility for two (2) Business Days and (ii) no alternative parking is provided within 1,000 feet of the Building, then Landlord shall provide Tenant with a credit for each space which is so unavailable for the last partial calendar month number of days Tenant has been unable to park at the Parking Facility.
(e) Tenant acknowledges that except to the extent caused by the negligence or willful misconduct of Landlord and its agents, employees and contractors, to the fullest extent permitted by Law, Landlord shall have no liability for any damage to property or other items located in the parking areas 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 PermitsProject (including without limitation, 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 tenant’s automobile or other property while located in the Building Garagecontents thereof due to theft, vandalism or accident), nor for any personal injuries or death arising out of the use of the Parking Facility by Tenant or any Tenant’s Parties. The limitation on Landlord’s liability under the preceding sentence shall not apply however to personal injuries or death and loss or damage arising directly from Landlord’s (including its agents, employees and contractors) negligence or willful misconduct. Without limiting the foregoing, if Landlord arranges for the parking areas to be operated by an independent contractor not affiliated with Landlord, Tenant acknowledges that Landlord shall have no liability for claims arising through acts or omissions of such independent contractor. Tenant agrees to look first to its insurance carrier for payment of any property losses sustained in connection with the any use of said Building Garage. Notwithstanding anything the Parking Facility.
(f) Tenant’s right to park as described in this Section 34 is exclusive to Tenant and Tenant’s permitted assignees and subtenants pursuant to Section 12 of this Lease and shall not pass to any other assignee or sublessee without the express written consent of Landlord. Such consent is at the reasonable discretion of the Lease Landlord.
(g) In the event any surcharge or regulatory fee is at any time imposed by any governmental authority with reference to parking, Tenant shall (commencing after two (2) weeks’ notice to Tenant) pay, per parking space, such surcharge or regulatory fee to Landlord in advance on the contrary, so long as Tenant is not in Default first day of each calendar month concurrently with the month installment of rent due under this Lease, . Landlord will enforce any surcharge or fee in an equitable manner amongst the Building tenants.
34.02 If 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 violates any of the Leaseterms and conditions of this Section 34, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount Landlord or operator of Parking Charges for the Permits abated during the Parking Charge Abatement Period Facility, if any, shall equal $0.00 (have the “Abated Parking Charges”). If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails right 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 remove from 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 Facility any vehicles hereunder which are shall have been involved or shall have been owned or driven by parties involved in violation of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and causing such violation, without liability for damages resulting therefromtherefor whatsoever, but otherwise in accordance with all Law which is applicable to such removal.
Appears in 1 contract
Sources: Office Lease Agreement (Investment Technology Group Inc)
Parking. A. Landlord On or before July 1, 2015, Tenant shall make available have the right, by written notice to TenantLandlord, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to review and approve Landlord’s plans for the parking garage located at serving 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 Project (the “Parking ChargeGarage”) equal to ensure that the sum parking count, stall size, garage configuration, location of reserved stalls, and number of electric recharging stations meet with Tenant’s reasonable expectations (which may exceed the baseline requirements to comply with law). From and after the date of this Lease, Landlord shall provide Tenant with such parking garage information as Tenant may, by written notice to Landlord, reasonably request. Tenant shall not unreasonably withhold, delay or condition its approval of Landlord’s plans for the Parking Garage. Subject to casualty and any required temporary restoration period, Tenant shall be entitled, but not required, to use in common with other tenants of the Project up to 1.7 parking spaces per 1,000 rentable square feet of the Premises (the “Guaranteed Parking Spaces”) in parking garage serving the Project (“Parking Garage”) in those areas designated for non-reserved parking (consistent with approved Parking Garage plan), subject in each case to Landlord’s reasonable rules and regulations and, commencing on the Rent Commencement Date, the payment to Landlord of $0.00 195.00 per month for each Permit issued to Tenantparking space (“Parking Charges”). On each annual anniversary of the Rent Commencement Date, and such the per parking space Parking Charge Charges payable by Tenant shall be paid monthly increased by Landlord to the then-current market rate for parking spaces in advance as hereinabove provided. similar parking garages serving Class A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month of the Lease Term laboratory/office buildings in the South Lake Union area of Seattle, as reasonably determined by Landlord; provided, however, that in no event shall the Parking Charges be increased in any calendar year by more than 5% over the Parking Charges payable by Tenant during the immediately preceding calendar year. Tenant shall deliver written notice to Landlord on or before the date that is 30 days prior to the Commencement Date occurs on a date other reflecting the number of parking spaces that Tenant has elected to use as of the Commencement Date. Subject to the immediately following sentence, Tenant shall have the right, upon 30 days’ written notice to Landlord, to increase or decrease the number of parking spaces being used by Tenant; provided, however, that Tenant shall only have the right to use more spaces than the first day of a calendar monthGuaranteed Parking Spaces, and (ii) if additional spaces are available for use by Tenant within the last partial calendar month of Parking Garage. In such case, Tenant may use additional spaces at the Lease Term in the event the term hereof expires on a date other than the last day of a calendar month. same price as Tenant’s obligation other stalls, until such time as Landlord determines that it requires the additional spaces back for use by other Building tenants or guests, invitees or employees thereof. Landlord shall not lease or license any parking space to pay the Parking Charge shall users who are not Building tenants or guests, invitees or employees thereof if Landlord would be considered an obligation unable as a result thereof 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, provide 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 number of said Building Garagespaces desired by Tenant. 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 10 reserved parking spaces in locations designated in the approved plans for the Permits Parking Garage (which reserved parking spaces shall count against Tenant’s share of 1.7 parking spaces per 1,000 rentable square feet of the Premises). Landlord shall provide signage that Tenant’s reserved parking spaces are reserved solely to Tenant. Landlord shall not grant parking rights to other tenants of the Project which conflict with Tenant’s rights hereunder. Tenant acknowledges that pursuant to Legal Requirements, the Parking Garage will only have up to approximately 1.6 parking spaces per 1,000 rentable square feet of the Building. Landlord shall use Landlord’s commercially reasonable efforts to provide Tenant with 1.7 parking spaces per 1,000 rentable square foot of the Premises at all times during the Term. If, despite Landlord’s commercially reasonable efforts, Landlord is unable to provide Tenant with 1.7 parking spots per 1,000 rentable square feet of the Premises (a/k/a the “Guaranteed Parking Spaces”), Landlord shall promptly, diligently, and in good faith, endeavor to provide a number of parking spaces equal to the amount of $0.00 per month for parking spaces not available in the full Term Parking Garage to meet Tenant’s parking ratio in a comparable parking garage within 3 blocks of the Lease, beginning with Project. Tenant shall be required to pay a rate for such other stalls at a rate not greater than the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges same rate that Tenant is then paying for the Permits abated during parking spaces in 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, Garage pursuant to this Lease and Landlord shall pay any additional costs or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges fees 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 Leasesuch stalls.
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 1 contract
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 During the Term, as Additional Rent thereunderLandlord shall cause the Parking Garage operator to enter into contracts with Tenant for the number of parking access devices set forth in Section 1.14, a permitting the parking charge of such number of vehicles in unreserved parking spaces in the Parking Garage. In furtherance of such rights, Landlord has entered into and recorded that certain Garage Reciprocal Easement Agreement (the “Parking ChargeAgreement”) equal described on Exhibit 2.01(f). Landlord covenants that it shall not grant any other tenant in the Building the right to park exclusively in the sum portion of $0.00 per month the Parking Garage located beneath the Building unless such rights affect a de minimis number of parking spaces for each Permit issued the benefit of the retail tenants in the Building and Landlord offers comparable rights to Tenant. The monthly rate to be paid by Tenant and its employees under such contracts shall be the prevailing monthly parking rate charged by the Parking Garage operator at the Parking Garage (or surface parking, as applicable), which parking rate may change at any time and from time to time, as determined by such Parking Garage operator, provided that the rate shall not exceed the Designated Percentage (as defined below) of the average full monthly rate offered from time to time to monthly parkers at the One International Place, 125 High Street, and such Parking Charge shall be paid monthly ▇▇▇▇’▇ Wharf parking garages (or a replacement public garage serving first class office buildings in advance as hereinabove provided. A pro rata portion the City of such Parking Charge shall be payable for Boston Financial District reasonably identified by the (i) first partial calendar month of the Lease Term parking operator in the event the Commencement Date occurs on a date other than the first that any such garage ceases to offer monthly parking passes for any 30 or more day of a calendar month, and (iiperiod) for the last partial calendar month first five Lease Years during the term of this Lease. Tenant shall have the right to provide Landlord with recommendations from time to time regarding the exercise of the Lease Term in Landlord’s rights to approve the event the term hereof expires on a date other than the last day of a calendar month. Tenant’s obligation to pay parking garage operator under the Parking Charge Agreement, and Landlord agrees that it shall be considered an obligation not vote such rights in favor of employing any particular parking garage operator to pay Rent which Tenant has bona fide, good faith objections as reasonably and previously described to Landlord in writing (Tenant acknowledging that the Parking Garage requires a parking operator and that Tenant shall reasonably cooperate with Landlord to identify viable recommended candidates for all purposes thereunder the parking operator position). As of the date hereof, Tenant acknowledges that Pilgrim Parking, Inc. and Standard Parking Corporation are approved candidates for the position of parking garage operator. “Designated Percentage” shall be secured in like manner mean 45% for the period of the Term ending on the date that is six months following the Final Commencement Date, 65% for the next six month period, and 85% thereafter through the end of the fifth Lease Year. In addition to the foregoing parking rights, during the first four Lease Years of the Initial Term, for so long as is Tenant’s obligation Landlord or its affiliates shall operate surface parking at the Project and subject to pay Rent. Default in the payment available capacity of such Parking Charge surface parking, Landlord shall be deemed cause the operator of such surface parking to be a default in the payment of Rent. As additional consideration enter into contracts with Tenant for the aforesaid Permitsnumber of parking access devices determined pursuant to the immediately following sentence, Tenant hereby waives on behalf permitting the parking of itself all claimssuch number of vehicles in unreserved parking spaces in surface parking areas within the Project, 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 for the use of said Building GarageTenant’s employees at the monthly rate in effect from time to time. Notwithstanding anything in this Section The number of such additional access devices for surface lots shall be the number necessary to achieve a parking ratio of 0.9 spaces per 1,000 rentable square feet of the Lease to Premises when aggregated with 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 permitted 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, Garage 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 LeaseSection 2.01(d).
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 1 contract
Parking. A. The Building will have three (3) non-exclusive, unreserved electric car charging stations. Subject to the terms of this Article 21, Tenant shall have the right, but not the obligation, to rent from Landlord, commencing on the Lease Commencement Date, up to the amount of parking passes set forth in Section 9 of the Summary, on a monthly basis throughout the Lease Term, which parking passes shall pertain to the Project parking facility. Tenant shall notify Landlord in writing of its election to use any parking passes at least thirty (30) days prior to the Lease Commencement Date or thirty (30) days prior to the first day of any calendar quarter, whereupon such parking passes shall make be made available to Tenant, provided . Subject to the maximum number of parking passes to which Tenant is entitled pursuant to the terms of Section 9 of the Summary of Basic Lease Provisions hereof, Tenant shall have the right, on a quarterly basis, to increase or decrease the number of parking passes rented by Tenant upon notice to Landlord not later than thirty (30) days prior to the first day of the calendar quarter in which the increase or decrease, as applicable, will occur, with respect to the number of parking passes Tenant desires to rent commencing the first day of the succeeding calendar quarter (i.e. January 1, April 1, July 1 and October 1). Tenant shall pay to Landlord for automobile parking passes on a monthly basis the rate charged from time to time at the location of such parking passes. The parties acknowledge that the initial parking rate will be $530.00 per parking space per month as of the Commencement Date. In no event will such parking rates increase by more than three percent (3%) per calendar year over the amount charged by Landlord for the immediately prior calendar year. In any event no other tenant at the Project shall be charged for parking in an amount less than the amount charged to Tenant. In addition, Tenant shall 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 and the prohibition of vehicle repair and maintenance activities in the Project's parking facilities), Tenant's cooperation in seeing that Tenant's employees and visitors also comply with such rules and regulations and Tenant not being in default under this Lease. If any of Tenant’s employees do not comply with such rules and regulations following notice and reasonable opportunity to cure, throughout Landlord may prohibit such employee from utilizing Tenant’s parking rights hereunder (which shall be Landlord’s remedy for any such violation)(as opposed to terminating Tenant’s parking rights hereunder). Tenant's use of the Term Seven (7) Project parking permits (the “Permits”) to allow access facility shall be at Tenant's sole risk and Tenant acknowledges and agrees that Landlord shall have no liability whatsoever for damage to the parking garage located at the Property (the “Building Garage”) which is used in connection vehicles of Tenant, its employees and/or visitors, or for other personal injury or property damage or theft relating to or connected with the operation parking rights granted herein or any of Tenant's, its employees' and/or visitors' 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 basisfacilities. 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 Tenant and without any abatement of 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 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 provided that in no event shall Tenant’s total parking be entitled reduced. Landlord may delegate its responsibilities hereunder to an abatement a parking operator in which case such parking operator shall have all the rights of Parking Charges for control attributed hereby to 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”)Landlord. Landlord and/or such parking operator may institute a valet and/or a valet assist program at any time. 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 21 are provided to Tenant solely for use by Tenant's own personnel and such passes may not be transferred, assigned, subleased or otherwise alienated by Tenant without Landlord's prior approval. Tenant may validate visitor parking by such method or methods as the Landlord may establish, at law or the validation rate from time to time generally applicable to visitor parking. To the extent Landlord grants reserved parking 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 Facility to any other remedies provided hereunderparty, Landlord shall be required to terminate offer Tenant the Permits and tow any vehicles which are in violation same proportionate share of said rules and regulations from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromreserved parking.
Appears in 1 contract
Sources: Office Lease (Atlassian Corp PLC)
Parking. A. As of the Commencement Date, Landlord shall make available hereby leases to TenantTenant five (5) parking stalls contained in the lower level parking garage within the Building as depicted on Exhibit "C-3" to this Lease (the "Parking Spaces") and Tenant hereby accepts and leases the Parking Spaces, provided Tenant is not "as is", from Landlord for the Term and extended term (if any), unless sooner terminated pursuant to any provision set forth in default under this Lease. From the Commencement Date, throughout Tenant shall pay Landlord, as Additional Rent, for such Parking Spaces an annual rate commencing at One Hundred Twenty-five and 00/100 Dollars ($125.00) per month, plus any and all taxes, for the Term Seven first Lease Year for each Parking Space (7$125.00 X 5 spaces = $625.00/month) parking permits and increasing 2% each successive Lease Year (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"Parking Rent"). Of said Seven (7) Permits granted to Tenant, each Parking Rent shall be standard unreserved. In consideration thereforpaid in equal monthly installments, Tenant will pay to Landlord as Additional Rent Rent. The Parking Spaces and with each installment of Base Rent due the Premises may be treated separately by Landlord under the Lease, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only be valid between the hours terms of 5:00 a.m. this Lease 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 required 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 improvements in the event of a Default shall not limit or affect any relocation of Landlord’s other rights, pursuant to this Lease or at law or in equity. During the Parking Charge Abatement Period, only Spaces. Tenant shall use the Parking Charges Spaces for the Permits parking passenger vehicles and for no other purpose. Parking 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 risk of Tenant and without liability Tenant assumes all risk for damages resulting therefromdamage which may occur to any vehicle. The Parking Spaces shall only be furnished such heat as is necessary for its use and shall not be furnished with air conditioning. Landlord shall maintain the parking garage. The Parking Spaces will not affect the determination of Tenant's Pro Rata Share. Except as provided in this Paragraph 1, Tenant's occupancy of the Parking Spaces shall be subject to all of the terms and conditions of this Lease as if the Parking Spaces were included in the definition of "Premises". Failure to pay the monthly parking fee shall be an Event of Default.
Appears in 1 contract
Sources: Office Lease (Galagen Inc)
Parking. A. (a) During the Lease Term:
(1) Landlord shall make available provide Tenant with parking access cards for unreserved parking in a parking garage at the Project specified by Landlord at a ratio of 1 parking access card for each 300 RSF in the Leased Premises (see Exhibit J), at no charge to Tenant. ---------
(2) By giving notice to Landlord, provided Tenant is not in default under this Lease, throughout the Term Seven (7) may elect to rent additional parking permits access cards (the “Permits”Additional Cards) for the remainder of the initial Lease Term, also for unreserved parking in a parking garage at the Project specified by Landlord, to allow increase the number of unreserved parking access cards held by Tenant up to a maximum of 1 parking access card for each 250 RSF in the Leased Premises at $25 per parking card per month. Upon request by Tenant, Landlord will waive the $25 per parking card per month fee for up to 8 Additional Cards to be used for Tenant employees working Tenant's second shift and for up to 8 Additional Cards to be used for Tenant employees working Tenant's third shift. Tenant will provide Landlord with a list of the names, work phone numbers, and automobile license numbers for Tenant employees working the second and third shifts and will update the list as necessary to keep it current. Tenant acknowledges that Landlord will restrict the use of the parking access cards so that they will provide access to the parking garage located only during time periods 1 hour on each side of Tenant's second or third shift, as applicable. If Landlord determines that these restricted parking cards are being used (including attempted use at the Property wrong times) at times other than Tenant's second or third shift, as applicable, Tenant shall pay rent at the rate specified above for the parking access cards that were used at the wrong time commencing on the date Landlord notifies Tenant of the incorrect usage.
(3) Tenant may elect to convert up to 10 free unreserved parking access cards to reserved parking access cards for the “Building Garage”remainder of the initial Lease Term, in a parking garage at the Project and at locations specified by Landlord, at $50 per parking card per month. Landlord may relocate reserved parking spaces within the Project at any time, at Landlord's reasonable discretion, upon 5 days prior written notice to Tenant, but the reserved parking spaces must be for covered parking spaces.
(b) which Prior to each issuance of parking access cards, Tenant must deliver to Landlord a list of the automobile license numbers of Tenant's employees who will be using the cards. If any card is used lost or damaged or not returned to Landlord on request, and Landlord's then current per card deposit must be delivered to Landlord before a replacement card is issued to Tenant.
(c) The provisions of Paragraphs 53(a) and 53(b) do not apply to Suite 450E. The number of parking access cards to be made available to Tenant in connection with the operation addition of Suite 450E to the Building. Of said Seven Leased Premises is governed by Paragraph 55(e).
(7d) Permits granted With regard to Tenant, each shall be standard unreserved. In consideration thereforunreserved parking, Tenant will pay is not assigned designated parking spaces, but is permitted to Landlord as Additional Rent and with each installment of Base Rent due under the Leaseuse whatever unreserved stalls are available, 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 served basis in areas of the parking garage designated from time 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 time by Landlord. If for any reason parking spaces in the parking garage are not available for use by Tenant Parties, this failure or inability is not a default by Landlord implements a system whereby only specifically identified vehicles are granted Permitsunder this Lease.
(e) All Tenant Parties must comply with all traffic, security, safety, and other vehicles shall not be permitted rules and regulations promulgated from time to use time by the Building Garage without operator of the Landlord’s prior written consent. garage.
(f) During any renewal or extension of the Lease Term or during any holdover after the termination of this Lease, Landlord reserves the right upon written notice posted to charge Tenant the then market rate for parking access cards at the Project unless Landlord agrees otherwise at the time of the renewal or extension.
(g) If Landlord exercises its termination right set forth in subparagraph 11(f)(1) above, the number of parking access cards allocated to Tenant reduces proportionately, effective as of the date of termination.
(h) With respect to unreserved parking, Tenant is not assigned designated parking spaces but is permitted to use whatever unreserved stalls are available, on a first-come, first-served basis in areas of the parking garage designated from time to time by Landlord. If for any reason parking spaces in the Building Garageparking garage are consistently not available for use by Tenant Parties, this failure or inability is not a default by Landlord under this Lease. If 25% or more of Tenant's employees attempting to use parking access cards on a first-come, first-served basis are unable to find parking spaces in the parking garage for 5 consecutive business days, then Tenant shall give Landlord a detailed notice specifying the applicable facts. Within 20 days after receipt of Tenant's notice, Landlord shall retain an independent consultant, at Tenant's cost and expense to be paid to Landlord in advance, to change determine, within 45 days after Landlord retains the consultant, whether the Project is overparked. The term overparked means that the number of parking system for the Building Garage to provide special requirements for weekend, holiday spaces available at 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 Project persistently does not provide adequate parking on a first-come, first-served basis to permit Tenant the use of $0.00 per month for each Permit issued the number of parking access cards provided to TenantTenant under this Lease. If the consultant determines that the Project is overparked, 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 then (i) first partial calendar month Landlord shall reimburse Tenant for the costs charged by the consultant for the study and Landlord shall make commercially reasonable efforts to locate and provide suitable additional or alternative parking to Tenant for the number of spaces displaced within 60 days after the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar monthconsultant's findings are detailed, and (ii) for parking card rent will be proportionately abated based on the last partial calendar month number of Tenant's employees using parking access cards unable to find parking spaces on a first-come, first-served basis during the period commencing with the date Landlord received Tenant's detailed notice and continuing until additional parking spaces become available. If on 2 occasions during the Lease Term in a consultant retained under this Paragraph 53(h) determines that the event Project is not overparked, then Tenant has no further rights under this Paragraph 53(h). In addition, if the term hereof expires on a date number of parking spaces at the Project is reduced by 25% or more due to condemnation or other reduction by Landlord, 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 temporary reductions in connection with repairs, restorations, and alterations (including repairs, restorations, and alterations related to casualty damage and condemnation), Landlord shall make commercially reasonable efforts to locate and provide suitable additional or alternative parking to Tenant for the use number of said Building Garage. Notwithstanding anything in this Section spaces displaced within 120 days after the date of the Lease reduction. Landlord shall not voluntarily reduce, other than temporary reductions in connection with repairs, restorations, and alterations (including repairs, restorations, and alterations related to casualty damage and condemnation), the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled to an abatement number of Parking Charges for parking spaces available at the Permits in the amount of $0.00 per month for the full Term of the Lease, beginning with Project on the Commencement Date (by more than 10%. A reduction in parking spaces due to a transfer by Landlord in lieu of condemnation is not a voluntary reduction for the “Parking Charge Abatement Period”)purposes of the prior sentence. The total amount term "alterations" as used in this Paragraph 53(h) includes the construction of Parking Charges for additional parking decks on the Permits abated during parking garage at the Parking Charge Abatement Period shall equal $0.00 (the “Abated Parking Charges”). If Tenant Defaults Project, which construction is 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 effectLandlord's sole discretion. The payment by Tenant inclusion 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 prior sentence in this Lease shall remain as due and payable pursuant Paragraph 53(h) may not be used to infer that the provisions construction 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 additional parking decks 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 parking garage at the sole cost and expense of Tenant and without liability Project is a commercially reasonable method for damages resulting therefromLandlord to provide additional parking at the Project.
Appears in 1 contract
Sources: Office Lease (Data Return Corp)
Parking. A. Landlord (a) Lessee shall make available at all times during the term of this lease agreement lease parking rights for sixty five (65) unreserved parking spaces and twelve (12) reserved parking spaces in the parking garage adjacent to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits Building (the “Permits”) "Garage"). No specific spaces in the Garage are to allow access be assigned to Lessee, but Lessor will issue to Lessee the aforesaid number of parking stickers, each of which will authorize parking in the Garage of a vehicle on which the sticker is displayed, or Lessor will provide a reasonable alternative means of identifying and controlling vehicles authorized to park in the Garage. Lessor may designate the area or areas of the Garage within which each such vehicle may be parked, and Lessor may change such designations from time to time. Lessor may make, modify and enforce rules and regulations relating to the parking garage located at of vehicles in the Property (Garage, and Lessee will abide by and cause its agents, employees and invitees to comply with such rules and regulations. Lessor may provide parking for visitors to the “Building Garage”) which is used in connection with the operation of an area designated by lessor and in a capacity determined by Lessor to be appropriate for the Building. Of said Seven Lessor reserves the right to charge and collect a fee for parking in the visitor parking area in an amount determined by Lessor to be appropriate. Lessor, at its sole discretion, may change the designated area for the visitor parking and the fee to be charged for its use. NOTWITHSTANDING ANYTHING TO THE CONTRARY, LESSOR RESERVES THE RIGHT TO REDESIGNATE AND RELOCATE ANY RESERVED PARKING SPACE LOCATED ON LEVEL ONE OF THE GARAGE TO ANOTHER LEVEL, ONLY IN THE EVENT THAT LESSOR REQUIRES ADDITIONAL VISITOR PARKING SPACES IN THE GARAGE ON LEVEL ONE.
(7b) 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 As 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 Basic 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 Lessee covenants and agrees to pay to Landlord Lessor during the Terminitial term of this Lease, as Additional Rent thereunderadditional rental hereunder, a parking charge (the “Parking Charge”) equal to the sum of $0.00 per month 35.00 for each Permit issued of the unreserved parking spaces and $65.00 for each of the reserved parking spaces leased hereunder, such sum to Tenant, and such Parking Charge shall be paid payable monthly in advance as hereinabove provided. A on the first day of each and every calendar month during the lease term, and a pro rata portion of such Parking Charge sum shall be payable for the (i) first and last partial calendar month of the Lease Term term of this lease in the event the Commencement Date occurs lease term commences 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 Lessee's obligation to pay the Basic Parking Charge shall be considered an obligation to pay Rent rent for all purposes thereunder hereunder and shall be secured in like manner as is Tenant’s Lessee'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.pay
Appears in 1 contract
Sources: Office Lease Agreement (Tanknology Environmental Inc /Tx/)
Parking. A. Landlord hereby grants to Tenant a license to use in common with other tenants and with the public the Parking Facilities and shall make available issue three (3) Parking Permits for such use. Each such Parking Permit shall entitle Tenant to Tenant, provided one unassigned parking space in the Parking Facilities. Landlord hereby also grants to Tenant is not in default under this Lease, throughout the Term Seven a license to use one (71) parking permits (the “Permits”) to allow access to space at a location designated by Landlord 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 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 facilities in the Building Garage will be on a non-reservedand shall issue one (1) Parking Permit to Tenant for such use, first-come, first-serve basis. Landlord may elect subject to establish parking zones in the Building Garage and if Landlord so elects, the Permits may be issued to specifically identified vehicles and Tenant's compliance with Landlord's rules governing use of the Parking Charge may relate to specified zone(s) as determined by LandlordPermit. 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 The initial monthly Parking Fees for each Parking Permit 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 year 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 which the Commencement Date occurs are set forth in Article 1. All Parking Fees shall be payable, as Additional Rent, in advance on a date other than the first day of a calendar month, and (ii) for the last partial each calendar month of during the Lease Term Term. Parking Fees may be increased by Landlord at any time and from time to time in accordance with the Parking Fees Landlord is then charging other users for parking 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 parking facilities 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 unassigned parking in the amount of $0.00 per month for Parking Facilities, as 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”)case may be. If Tenant Defaults at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within pay all or 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 part of the Abated Parking Charges in Fees, then Landlord, at its option, shall have the event of right to treat such failure as a Default shall not limit or affect any of Landlord’s other rights, pursuant to default under this Lease or at law or in equity. During the Parking Charge Abatement Periodand, 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 hereunderfurthermore, to terminate the Permits such Parking Permits, without legal process, and tow any to remove Tenant, Tenant's vehicles which are in violation or those of said rules its employees, licensees or invitees and regulations all of Tenant's personal property from the Building Garage at the sole cost and expense of Tenant and without liability for damages resulting therefromParking Facilities all in accordance with applicable law.
Appears in 1 contract
Sources: Office Lease Agreement (Management Network Group Inc)
Parking. A. Landlord Tenants shall make available park only in the assigned area. No parking on the lawns. No Commercial vehicles or trailers are allowed on the premises after 3 days of moving in. Any violation of this section may result in the vehicle being towed at the Tenant’s expense. All vehicles must be operable, inspected, registered and insured. Only ONE VEHICLE PER BEDROOM is allowed on the Premises. DO NOT BLOCK ACCESS TO THE DUMPSTERS FOR TRUCKS TO EMPTY. Snow Removal. Tenant agrees to remove snow and ice from their walkways, porches, entranceways and to provide sand or salt as needed to keep these areas safe for themselves, and those persons who are reasonably expected to enter the Premises including guests of Tenant, provided Landlord, and ▇▇▇▇▇▇▇▇’s employee or independent contractors. Landlord will provide snow plowing services for the parking areas. Tenant is not in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) responsible for removal of vehicles during snowstorms to allow access to for plowing the removal of snow. Tenant may be assessed a $100 adminditratvie fee for leaving a vehicle in the parking garage located lot during the designated move out time period for snow removal. Tenants are required to provide Landlord immediate notice of any accidents on the Premises, whether due to slippery ice or otherwise. Pets. Tenants need written permission to have a pet, which shall be subject to and granted in ▇▇▇▇▇▇▇▇’s sole discretion at the Property (the “Building Garage”) which is used in connection with the operation time 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 commencement 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, SundaysLease term, 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 there is a non-reserved, first-come, first-serve basis$25 monthly pet allowance fee if such permission is granted. Landlord may elect consider Tenant having 1 cat or a fish tank less than 5 gallons. No other pets are permitted. DOGS are not allowed on the premises. Service & Emotional Support Animals need to establish parking zones in be approved before being brought onto the Building Garage and if Landlord so electspremises. If the pet causes damage to the Premises, 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 all rights to require the right removal of the pet(s) upon written notice posted in notice. Tenants will be assessed a $50 per day administrative fee for having an unapproved animal on the Building Garage, premises. Fire Precautions. ▇▇▇▇▇▇ agrees there will be NO SMOKING inside of the building. Anyone smoking needs to be a minimum of 25 feet from the building. ▇▇▇▇▇▇ agrees to notify ▇▇▇▇▇▇▇▇ immediately if smoke detectors are not working . Tenants agree 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 batteries in smoke / carbon monoxide detectors when needed. Real Christmas trees are not allowed. ▇▇▇▇▇▇ agrees to pay to Landlord during the Termuse a maximum of 60 Watt light bulbs in all fixtures. There will be a $75 fee assessed for missing or disconnected smoke or carbon monoxide detectors. FIRE PITS, 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 providedFIRE WORKS OR FIRE ARMS ARE NOT ALLOWED ON THE PROPERTY. A pro rata portion of such Parking Charge shall be payable for the (i) first partial calendar month Occupants. ▇▇▇▇▇▇ agrees that occupancy 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 Premises 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 persons who have signed the lease. Trash removal and storage. Tenants are responsible for taking care of their trash by properly storing it in a container with a secure lid . Tenants are responsible to supply their own trash cans. Tenants are required to bring their trash cans in off the sidewalk the day that is has been emptied. You will be assessed $50 fee if we have to bring your trash can in or clean up loose trash. A $50 fee may be assessed by the town of Orono per can per day for not bringing cans in off the sidewalk by 11:00am the day after being emptied, which tennats will be responsible for. Common areas. Tenant shall maintain the leased Premises and entranceways in clean and safe conditions at all times. Tenant shall not store any items in common hallways or basements or possess any hazardous materials. Only furniture that is designed and sold as lawn furniture is allowed outside. Basement use of said Permits, shall entitle Landlord, in addition is limited 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 therefromLaundry Only.
Appears in 1 contract
Sources: Residential Lease
Parking. A. Landlord The following rules and regulations shall apply to Tenant and all guests of Tenant at the Property. It is Tenant's responsibility to make available to sure all Tenant's guests understand these parking rules and regulations and that their vehicles may be towed at their expense if parked improperly. For the purpose of these parking rules and regulations, provided the term "Tenant" means Tenant and all Tenant's guests at the Property.
(a) Tenant shall not park any motor vehicle at the Property without first registering with, and purchasing a parking permit from, Landlord. Tenant is not entitled to a parking permit, and if Landlord declines to issue a parking permit to Tenant for any reason, then Tenant shall not park at the Facility. Landlord may issue additional rules and regulations regarding parking at any time, which additional rules and regulations shall be binding on Tenant.
(b) Tenant shall park only in default under this Leasedesignated areas. Tenant shall not block other cars or park in front of the trash dumpsters. Tenant shall not park on the grass, throughout along curbs or sidewalks. If Tenant's vehicle is found in any of these prohibited places, Tenant's vehicle will be towed without warning and at Tenant’s expense.
(c) Any parking permit issued to Tenant by Landlord must be placed on the Term Seven lower left-hand corner of the front windshield of the registered vehicle. If the permit is placed anywhere else or is not visible, Tenant's vehicle is subject to being towed at Tenant's expense.
(7d) Tenant's parking permits permit must be displayed on his/her vehicle at all times. A Fee Amount charge shall be payable by Tenant for replacement of a lost permit.
(e) Tenant's parking permit is only good on the “Permits”) to allow access to the parking garage located vehicle Tenant has registered with Landlord. If Tenant changes vehicles, or parks someone else's vehicle at the Property without obtaining a permit for it from Landlord, such vehicle is subject to being towed at Tenant's expense.
(f) Tenant's vehicle must have current state registration and state inspection to be parked at the “Building Garage”Property.
(g) 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 abandon any vehicle at 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 appropriateProperty.
B. In consideration for (h) Tenant shall not perform maintenance on or wash vehicles at 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 Property.
(i) first partial calendar month of Tenant acknowledges that parking space at the Lease Term in the event the Commencement Date occurs Facility, if any, may be inadequate at certain times such as when tenants may be entertaining or 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 football or other grounds, against Landlord, its agents and employees arising out of any loss sports 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 Leasecollege activity weekends.
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 1 contract
Sources: Lease
Parking. A. Landlord hereby grants to Tenant the right, in common with others authorized by Landlord, to use the parking facilities, if any, owned by Landlord for use with the Building. 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 have the right, at Landlord’s sole election, to change said types, sizes, configuration, and locations from time to time; provided, however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building. Notwithstanding the foregoing, Landlord shall make available to Tenant, provided Tenant is not at all time during the Term, the parking spaces identified in default under this Lease, Article l.Q.
B. Commencing on the Commencement Date and throughout the Term Seven (7) Term, Tenant shall pay Landlord monthly in advance with the Monthly Rent, the parking permits (rate for each type of parking space provided to Tenant at the “Permits”) prevailing parking rate, as Landlord may designate from time to allow access time, at Landlord’s sole election, for each such type of parking space. In addition to the right reserved hereunder by Landlord to designate the parking garage located rate from time to time, Landlord shall have the right to change the parking rate at any time to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the Property (parking of motor vehicles, including all sums required to be paid pursuant to transportation controls imposed by the “Building Garage”) which is used 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 full amount of any taxes imposed by any governmental authority in connection with the operation use of the Buildingparking facility by Tenant. Of said Seven (7) Permits granted Tenant shall have the option of surrendering some or all of its parking spaces and to Tenantcease paying the parking rate attendant thereto.
C. If requested by Landlord, each Tenant shall 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 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, 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 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 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. 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 for purposes of permitting or facilitating 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 have all the rights of control attributed hereby to the Landlord.
D. The parking facilities provided for herein are provided solely for the accommodation of Tenant, and Landlord assumes no responsibility or liability of 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. Other than in connection with a sublease of the Premises or an assignment of this Lease that is permitted or has been approved by Landlord as provided in Article 16 of this Lease, Tenant may not assign, transfer, sublease or otherwise alienate the use of the parking facilities without Landlord’s prior written consent. Landlord reserves the Tenant’s continued right upon written notice posted in the Building Garage, to change use the parking system facilities is conditioned upon Tenant abiding by all rules and regulations which are prescribed from time to time for the Building Garage to provide special requirements for weekendorderly operation and use of the parking facility, 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 such Parking Charge shall be paid monthly Tenant not being 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 1 contract
Parking. A. Landlord shall make available to In conjunction with 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 's leasing 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 TermExpansion Space, 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 Expansion Space 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 LeaseDate, Tenant shall be entitled to an abatement use up to one hundred two (102) additional unreserved parking spaces (the "Additional Spaces"), which shall be in addition to the Spaces granted to Tenant under the Lease. Tenant shall be entitled to convert up to ten (10) of Parking Charges such unreserved spaces to reserved status. During the Expansion Space Term, as same may be extended pursuant to Paragraph 2 of Exhibit E to the Lease, Tenant may from time to time increase (up to a maximum of 5 spaces per thousand rentable square feet of the Expansion Space) or decrease the number of parking spaces used by Tenant upon thirty (30) days prior written notice to Landlord. Tenant agrees to pay Landlord, concurrently with each monthly payment of Base Rent under the Lease as amended hereby, the cost of the actual number of Additional Spaces used by Tenant in accordance with the rate schedule set forth below; provided, however, that five (5) reserved parking spaces shall be provided to Tenant at no charge for the Permits duration of the Expansion Space Term. 1 - 12 $ 0.00 $ 0.00 13 - 08/31/08 $ 35.00 $ 75.00 ** measured from the Expansion Space Commencement Date Notwithstanding anything to the contrary in Exhibit G to the amount of $0.00 per month for Lease, during the full Expansion Space Term (as same may be extended by the Option Term), Tenant shall be entitled to purchase validation stickers at a 50% discount from Landlord's face value existing from time to time. Furthermore, should Landlord provide visitor parking rates, valet parking services or reserved parking rates to another tenant which are more favorable than those provided to Tenant hereunder, then Landlord shall offer to Tenant comparable services and/or reserved parking rates upon effectively the same terms and conditions offered to the other tenant, subject to adjustment based upon the remaining Term of the Lease, beginning with and other offsetting factors such as 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 base rental rate being paid by 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 tenant as compared to the Abated Parking Charges shall be null and void and of no further force or effect. The payment base rental rate being paid 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 1 contract
Sources: Office Lease Agreement (New Century Financial Corp)
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 will be operated by Landlord or a third party (“Garage Operator”). Subject to Landlord’s rights to recapture parking for retail use (in connection with Section 39 below), Tenant shall have the operation exclusive use to park vehicles in the parking garage. Tenant shall lease not less than 312 (subject to verification of the Buildingnumber of actual striped stalls) parking stalls. Of said Seven (7) Permits granted to Tenant, each Tenant 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 $0.00 175.00 per month for each Permit issued parking stall plus all applicable taxes and governmental charges to TenantLandlord or to the Garage Operator, and as Additional Rent; such rate shall increase three percent (3%) annually. Parking Charge charges shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable abated for the first six (i6) first partial calendar month months of the Lease Term in the event Initial Term. If the Commencement Date occurs on a date other than the first day of a calendar month, and the Parking Rent abatement period shall apply for six (ii6) months from that date, so that partial Parking Rent shall be due for the last partial calendar month on which the six (6) month anniversary of the Lease Term Commencement Date occurs. Until such time as Tenant exercises a Reduction Option, Tenant shall have the right, at Tenant’s sole cost and expense, to valet park the Garage. No specific spaces 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 Garage shall be considered an obligation assigned to pay Rent for all purposes thereunder and shall be secured in like manner as is Tenant’s obligation Tenant or its employees. Subject to pay Rent. Default in the payment other terms 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, Landlord may make, modify and enforce reasonable rules and regulations relating to the Garage, and Tenant shall abide by, and shall cause its employees and invitees to abide by, such rules and regulations, provided that Tenant has reasonable notice thereof. In lieu of providing parking stickers or cards, Landlord may use any reasonable alternative means of identifying and controlling vehicles authorized to be entitled to an abatement of Parking Charges for the Permits parked 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”)Garage. If Tenant Defaults at any exercises the Reduction Option, Landlord may thereafter (a) from time during to time designate areas within the TermGarage for short-term or visitor parking only, and (b) designate spaces for fuel-efficient or plug-in vehicles only. If Landlord appoints a Garage Operator, the Garage Operator may exercise any extension thereofrights granted to Landlord under this Section. If Landlord appoints a Garage Operator, upon request, Tenant and Tenant fails to cure such Default within any applicable cure period under each holder of a parking pass will execute and deliver a parking agreement with 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 operator 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 Garage on the use operator’s standard form of said Permitsagreement, shall entitle Landlord, in addition subject to any other remedies provided hereunder, to terminate the Permits review 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 therefromcommercially reasonable revision by Tenant.
Appears in 1 contract
Sources: Office Lease (Tableau Software Inc)
Parking. A. Landlord Tenant shall make available have the right to Tenant, provided lease up to 27 unreserved parking passes in the Parking Facility (as defined in Section 24) as follows: (a) 18 of such unreserved parking passes are designated as “must-take” passes that Tenant is obligated to lease from Landlord during the entire Term; and (b) up to nine (9) passes shall be leased at the option of Tenant. In addition, Tenant shall have the option to convert one (1) of the 18 “must take” passes into a reserved parking pass; provided that if Tenant does not in default under this Leasecontinuously lease such reserved parking pass during the Term, throughout the Term Seven (7) Tenant’s right to lease such un-leased reserved parking permits (the “Permits”) to allow access pass shall be subject to the parking garage located at the Property (the “Building Garage”) which is used in connection with the operation availability of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay to Landlord reserved passes 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 reasonably determined by Landlord. If Landlord implements a system whereby only specifically identified vehicles are granted Permits, other vehicles shall not be permitted Prior 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 PermitsCommencement Date, Tenant covenants and agrees shall notify Landlord in writing of the number of unreserved parking passes which Tenant initially elects to pay to Landlord lease during the Term, as Additional Rent thereunderand whether Tenant desires to lease a reserved parking pass. Thereafter, a parking charge (the “Parking Charge”) equal Tenant may, subject to the sum minimum and maximum amounts set forth herein, increase or decrease the number of such reserved and unreserved parking passes to be used by Tenant pursuant to this Section 1.9. Tenant shall pay Landlord the rate of: $0.00 200.00 per month for each Permit issued to Tenantunreserved parking pass per month, plus applicable taxes, if any, and such $335.00 per reserved parking pass per month, plus applicable taxes, if any. Parking Charge rates shall be paid monthly subject to increase from time to time to reflect the prevailing market rates charged in advance as hereinabove providedthe Parking Facility. A pro rata portion Tenant shall have the right to purchase books of such Parking Charge shall be payable for the (i) first partial calendar month visitor validations at a 15% discount off of the Lease Term in face rate; provided that the event the Commencement Date occurs on a date other than the first day of a calendar month, and (ii) minimum purchase amount 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, which Tenant shall be entitled to an abatement of Parking Charges for the Permits in the amount of receive a 15% discount is $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 Lease2,000.00.
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 1 contract
Sources: Office Lease (Catasys, Inc.)
Parking. A. a. Commencing upon the Commencement Date, Landlord shall make provide Tenant, on an unassigned, non-exclusive and unlabelled basis, twenty-eight (28) parking spaces in the parking garage of the Building and twenty-eight (28) parking spaces in the parking facility presently known as the City Center Garage West, located at 1250 Martin Luther King Jr. Way, Oakland, and Tenant shall pay Land▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ subject garage, as directed by Landlord, for such parking at the rate or charge in effect from time to time for parking in the garage. Notwithstanding the foregoing, in no event may the monthly charge for the twenty-eight (28) parking spaces located within the parking garage of the Building increase during the Lease term by more than five percent (5%) per annum, on a cumulative basis, over the charge in effect as of the Commencement Date of this Lease. The aforementioned cap on increases in the parking charge shall be inapplicable to the twenty-eight (28) parking spaces located in the City Center Garage West. Tenant acknowledges that the monthly and hourly rates or charges in effect may vary from time to time based on, among other things, the time of day, type of parking (e.g., valet, self-park, or tandem) and general rate increases.
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. If the parking charge for a particular parking space is not paid when due, Landlord may terminate Tenant's right under this Lease to such parking space only if the past due charge for that parking space is not paid to Landlord within fifteen (15) days after written notice of such failure from Landlord to Tenant (with such notice to Tenant meaning notice to the named Tenant, and notice to the individual to whom the parking space has been assigned shall not suffice for such notice). In no event may Landlord terminate this Lease due to non-payment of parking charges. Further, if at any time Tenant releases to Landlord any parking space provided for in this Paragraph 53, then Tenant's right under this Paragraph 53 to use such released parking space shall automatically forever terminate.
c. The 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, provided 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 is not for any 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 default under this LeaseTenant's parking rights hereunder by reason of strikes, throughout lock-outs, labor disputes, shortages of material or labor, fire, flood or other casualty, acts of God or any other cause beyond the Term Seven (7) parking permits (the “Permits”) to allow access control of Landlord. Access to the parking garage located spaces to be made available to Tenant shall, at the Property (the “Building Garage”) which is used in connection with the operation of the Building. Of said Seven (7) Permits granted to TenantLandlord's option, each shall be standard unreserved. In consideration thereforby card, Tenant will pay to Landlord as Additional Rent and with each installment of Base Rent due under the Leasepass, 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 Saturdaysbumper sticker, Sundaysdecal or other appropriate identification issued 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 shall not be permitted Tenant's right to use the Building Garage without 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 Landlord’s prior written consentparking facility. Landlord reserves the right upon written notice posted The parking rights provided hereunder shall accrue to an assignee of Tenant's interest in the Building GarageLease. Further, 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 sublease, Tenant may permit the subtenant to utilize the parking spaces provided for hereunder on the terms hereof, 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 exceed such subtenant's prorata allocation of the Building Garage, including but not limited to the rules establishing time limits parking spaces based on the use size 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 therefromsublet premises.
Appears in 1 contract
Sources: Office Lease (Ask Jeeves Inc)
Parking. A. Located in the lower level of 555 Market is the parking garage serving the Project (the "Garage"). Except as otherwise provided below, the Garage is open 24 hours a day, 7 days a week to tenants and their Building employees holding valid Building/Garage passes. Subject to such access control systems as Landlord may from time to time reasonably establish (which system may ultimately be based upon a card key system integrated with the Building's access control system), the Garage allows monthly parking with unlimited 24 hours access. During the Term of this Lease and subject to Unavoidable Delays and other causes beyond Landlord's reasonable control, including any limitations on the grant of monthly parking rights imposed by the City and County of San Francisco, Landlord shall make available or cause to be available to Tenant through-out the Term during the hours of operation set forth above, 2 parking privileges which shall be on a must-take must-pay basis; provided, however, that Tenant, upon not less than 30 days notice to Landlord, may reduce the number of parking privileges provided that once so reduced by Tenant, Tenant shall have no right to later increase such number of privileges. For each parking privilege made available to Tenant, provided Tenant is not shall pay monthly in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access advance to the operator of the parking garage located at garage, on or before the Property (25/th/ day of the “Building Garage”) preceding calendar month, a parking charge in an amount which is used currently equal to $375.00 per month per car and is subject to periodic change in connection accordance with Landlord's publicly announced monthly parking charge. Tenant shall at all times comply with (and the operation provisions hereof shall be expressly subject to) all applicable Requirements regarding the 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 consentGarage. Landlord reserves the right upon written notice posted in the Building Garageto adopt, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage modify 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 enforce reasonable rules (the “Parking Charge”"Garage Rules") 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 from time to time, including any key card, sticker or other identification or entrance system. Landlord may refuse to permit any person who violates any such Garage Rules to park in the Garage, including but not limited and any violation of the Rules shall subject the car to removal, at such person's expense from the Garage. The use of all parking privileges shall be solely for use by Tenant's employees (or the employees of a permitted subtenant) working in the Building. The parking privileges hereunder may be provided on an unreserved valet parking basis. Tenant acknowledges that Landlord has arranged for the Garage to be operated by an independent contractor. Accordingly, Tenant acknowledges that Landlord shall have no liability for claims arising through acts or omissions of such independent contractor except to the rules establishing time limits on extent due to Landlord's negligence or willful misconduct. Except when caused by the gross negligence, willful misconduct or criminal acts of Landlord or Landlord's Agent or their respective employees, agents or contractors, Landlord shall have no liability whatsoever for any damage to property or any other items located in the Garage, nor for any personal injuries or death arising out of any matter relating to the Garage, and in all events, Tenant agrees to look first to its insurance carrier for payment of any losses sustained in connection with any use of said Permitsthe Garage and secondly to the operator of the Garage. Landlord reserves the right to assign specific spaces, and to reserve spaces for visitors, small cars, handicapped persons and for other tenants, guests of tenants or other parties, and Tenant shall entitle not park in any such assigned or reserved spaces. If Landlord utilizes a card-key access system, Landlord's charge for any replacement cards shall be reasonable. Landlord also reserves the right to close all or any portion of the Garage in order to make repairs or perform maintenance services, in addition or to alter, modify, re-stripe or renovate the Garage, or if required by casualty, condemnation, or Unavoidable Delay. In such event, Landlord shall refund any other remedies provided prepaid parking rent hereunder, prorated on a per diem basis and shall use its reasonable efforts to terminate complete such maintenance or repair as soon as reasonably possible. Tenant agrees to acquaint all persons to whom Tenant assigns parking privilege of any Garage Rules promulgated by Landlord with respect to the Permits Garage 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 privileges granted to Tenant and without liability for damages resulting therefromherein.
Appears in 1 contract
Sources: Lease (Cmgi Inc)
Parking. A. a. Commencing on the Third Floor/First Floor Sixth Expansion Premises Rent Commencement Date, subject to the terms of Section 7(b) of the Sixth Amendment, Landlord shall make available to Tenant, provided Tenant is not at then-current market rates (which market rate may be adjusted from time to time) a license for up to an additional 28 parking spaces in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access to the parking garage Binney Parking Garage located at the Property 5▇-▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ (the “Building GarageThird Floor/First Floor Parking Spaces”) 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 of such parking in the Building Garage will spaces to be on a non-reserved, first-come, first-serve reserved basis. Tenant shall notify Landlord may elect prior to establish parking zones in the Building Garage and if Landlord so electsThird Floor/First Floor Sixth Expansion Premises Rent Commencement Date as to how many of the Third Floor/First Floor Parking Spaces Tenant will license pursuant to the Lease. As of the Third Floor/First Floor Sixth Expansion Premises Rent Commencement Date, 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 market parking rate for 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 spaces is $300.00 per 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 space month. Tenant’s obligation to pay pro rata share of the Binney Parking Charge Garage shall be considered adjusted in accordance with the number of Third Floor/First Floor Parking Spaces licensed by Tenant during the Term pursuant to this Section 11(a).
b. Commencing on the Fourth Floor/Lower Level Sixth Expansion Premises Rent Commencement Date, subject to the terms of Section 7(b) of the Sixth Amendment, Landlord shall make available to Tenant at then-current market rates (which market rate may be adjusted from time to time) a license for up to an obligation additional 27 parking spaces in the Binney Parking Garage located at 5▇-▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ (“Fourth Floor/Lower Level Parking Spaces”), all of such parking spaces to pay be on a non-reserved basis. Tenant shall notify Landlord prior to the Fourth Floor/Lower Level Sixth Expansion Premises Rent Commencement Date as to how many of the Fourth Floor/Lower Level Parking Spaces Tenant will license pursuant to the Lease. As of the Fourth Floor/Lower Level Sixth Expansion Premises Rent Commencement Date, the market parking rate for all purposes thereunder and the parking spaces is $300.00 per parking space month. Tenant’s pro rata share of the Binney Parking Garage shall be secured adjusted 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 accordance with the use number of said Building Garage. Notwithstanding anything in Fourth Floor/Lower Level Parking Spaces licensed by Tenant during the Term pursuant to this Section 11(b).
c. In the event that the Premises are increased to include any of the Identified Space (as defined in Section 14 below), upon the commencement date of the Lease with respect to such Identified Space, Tenant’s pro rata share of the contrary, so long as Tenant is not in Default under this Lease, Tenant Binney Parking Garage shall be entitled further adjusted by an amount equal to an abatement of Parking Charges for the Permits in the amount of $0.00 0.9 parking spaces per month for the full Term rentable square foot of the Leaseapplicable Identified Space. Also, beginning with if Tenant surrenders any portion of 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 Premises at any time during the Term, and any extension thereof, and Tenant fails to cure such Default within any applicable cure period under Tenant’s pro share of the Lease, all Abated Binney Parking Charges shall immediately become due and payable, and all future rights of Tenant to the Abated Parking Charges Garage shall be null and void and of no further force or effect. The payment decreased by Tenant an amount equal to 0.9 parking spaces per rentable square foot 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 surrendered portion 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 therefromPremises.
Appears in 1 contract
Parking. A. Located in the lower level of 555 Market is the parking garage serving the Project (the "Garage"). Except as otherwise provided below, the Garage is open 24 hours a day, 7 days a week to tenants and their Building employees holding valid Building/Garage passes. Subject to such access control systems as Landlord may from time to time reasonably establish (which system may ultimately be based upon a card key system integrated with the Building's access control system), the Garage allows monthly parking with unlimited 24 hours access. During the Term of this Lease and subject to Unavoidable Delays and other causes beyond Landlord's reasonable control, including any limitations on the grant of monthly parking rights imposed by the City and County of San Francisco, Landlord shall make available or cause to be available to Tenant through-out the Term during the hours of operation set forth above, 3 parking privileges which shall be on a must-take must-pay basis; provided, however, that Tenant, upon not less than 30 days notice to Landlord, may reduce the number of parking privileges provided that once so reduced by Tenant, Tenant shall have no right to later increase such number of privileges. For each parking privilege made available to Tenant, provided Tenant is not shall pay monthly in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access advance to the operator of the parking garage located at garage, on or before the Property (25th day of the “Building Garage”) preceding calendar month, a parking charge in an amount which is used currently equal to $375.00 per month per car and is subject to periodic change in connection accordance with Landlord's publicly announced monthly parking charge. Tenant shall at all times comply with (and the operation provisions hereof shall be expressly subject to) all applicable Requirements regarding the 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 consentGarage. Landlord reserves the right upon written notice posted in the Building Garageto adopt, to change the parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage modify 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 enforce reasonable rules (the “Parking Charge”"Garage Rules") 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 from time to time, including any key card, sticker or other identification or entrance system. Landlord may refuse to permit any person who violates any such Garage Rules to park in the Garage, including but not limited and any violation of the Rules shall subject the car to removal, at such person's expense from the Garage. The use of all parking privileges shall be solely for use by Tenant's employees (or the employees of a permitted subtenant) working in the Building. The parking privileges hereunder may be provided on an unreserved valet parking basis. Tenant acknowledges that Landlord has arranged for the Garage to be operated by an independent contractor. Accordingly, Tenant acknowledges that Landlord shall have no liability for claims arising through acts or omissions of such independent contractor except to the rules establishing time limits on extent due to Landlord's negligence or willful misconduct. Except when caused by the use gross negligence, willful misconduct or criminal acts of said PermitsLandlord or Landlord's Agent or their respective employees, 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.agents or
Appears in 1 contract
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 shown on Exhibit A, if any. 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 make available have the right, at Landlord's sole election, to Tenantchange said types and locations from time to time; provided, provided however, such designation shall be uniformly applied add shall not unfairly favor any tenant in the Building.
(b) Commencing on the Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article 1, as Additional Rent, payable monthly in advance with the Monthly Rent. If there is not a Parking Fee shown in default under this LeaseSchedule 1, then thereafter, and throughout the Term Seven (7) Term, the parking permits (rate for each type of parking space provided to Tenant hereunder shall be the “Permits”) prevailing parking rate, as Landlord may designate from time to allow access time, at Landlord's sole election, for each such type of parking space. In addition to the right reserved hereunder by Landlord to designate the parking garage located rate from time to time, Landlord shall have the right to change the parking rate at the Property (the “Building Garage”) which is used in connection with the operation any time to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the Building. Of said Seven (7) Permits granted parking of motor vehicles, including all sums required to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay paid pursuant to Landlord as Additional Rent and with each installment of Base Rent due transportation controls imposed by the Environmental Protection Agency under the LeaseClean Air Act of 1970, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only as amended, or otherwise required 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 Saturdays, Sundays, and Holidays. Except paid by any governmental authority with respect to any limited reserved the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution.
(c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the 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 facilities 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 requested by Landlord. If Landlord implements a system whereby , such automobiles shall be identified by automobile window stickers provided by Landlord, and only specifically identified vehicles are granted Permits, other vehicles such designated automobiles shall not be permitted to use the Building Garage without the Landlord’s prior written consentparking facilities. If Landlord reserves the right upon written notice posted in the Building Garageinstitutes such an identification procedure, 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 provide additional parking spaces for the Permits, use by customers and invitees of 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 monthdaily basis at prevailing parking rates, and (ii) if any. At Landlord's sole election, Landlord may make validation stickers available to Tenant 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 any such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsparking spaces, Tenant hereby waives on behalf of itself all claimsprovided, whether based on negligence or other groundshowever, 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 if Landlord 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.
Appears in 1 contract
Sources: Lease (Seec Inc)
Parking. A. Landlord shall make available IT IS FURTHER AGREED that the Lease Agreement is amended to Tenant, provided Tenant is not delete the prior parking provision found in default under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access Exhibit B to the parking garage located at Original Lease and to add in its place the Property following: “So long as the Lease Agreement of which this agreement is a part shall remain in effect, Lessee or persons designated by Lessee shall rent four (the “Building Garage”4) 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 spaces currently known as [redacted] and for which Landlord may increase will have the Parking Chargeoption to rent up to five (5) unreserved parking spaces, 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 parking garage in connection with the use of said Building Garagelocations designated by Lessor from time to time. Notwithstanding anything in this Section of Lessee shall lease such parking spaces on a “must take and pay” basis during the Lease Agreement. In addition, Lessor shall provide Lessee with one (1) additional reserved parking space , which Lessee shall rent on a month to the contrarymonth basis. If, 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 TermTerm as amended above, Lessor needs to recapture this one (1) additional reserved space (which, for the avoidance of doubt, will in no event be one of the four (4) reserved parking spaces, Lessor shall provide Lessee thirty (30) days written notice wherein such space shall be substituted for an unreserved parking space at the rates provided below in a location designated by Lessor. Lessee shall pay as rent for each parking space, at the same times and any extension thereof, and Tenant fails to cure such Default within any applicable cure period in the same manner as Base Rent is due under the Lease, all Abated Parking Charges Lease Agreement. Lessee shall immediately become due pay initially for each space a sum of Seventy-Five and payable, 00/100 Dollars ($75.00) per month plus applicable sales tax for each reserved parking space and all future rights Sixty and 00/100 Dollars ($60.00) per month plus applicable sales tax for each unreserved parking space. The parking rates herein shall remain unchanged for the first twenty-four (24) months of Tenant to the Abated Parking Charges Term as amended above. All parking charges shall be null and void and of no further force or effect. The payment by Tenant abated for the first three (3) months of the Abated Parking Charges Term as amended above. Lessor shall provide Lessee at least sixty (60) days’ notice of any change in the event standard parking rates and the giving of a Default such notice shall not limit or affect any of Landlord’s other rights, pursuant be deemed an amendment to this Lease or at law or in equityAgreement and Lessee shall thereafter pay the adjusted rent. During Lessor expressly reserves the Parking Charge Abatement Periodright to designate, only Parking Charges relocate and/or redesignate parking spaces and/or areas for the Permits shall be abatedLessee and/or Lessee’s visitors, and to modify the parking structure for other uses or to any extent. Notwithstanding anything contained in this amendment to the contrary, Lessor shall have the right to recapture any parking space committed by Lessor to Lessee that is not utilized by Lessee for six (6) consecutive months. In the event Lessor exercises such right, Lessor shall have no further obligations to Lessee with respect to such parking spaces. Lessee shall defend, indemnify, defend (with counsel reasonably acceptable to Lessor) and hold harmless the Lessor Parties from and against all Base Rentliabilities, Additional Rent obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and other disbursements (including court 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, reasonable attorneys’ fees) resulting directly or to comply with the rules and regulations governing indirectly from the use of the Building Garageparking spaces. A condition of any parking shall be in compliance by the p▇▇▇▇▇ with garage rules and regulations, including but not limited to the rules establishing time limits on the use of said Permits, shall entitle Landlord, in addition to any sticker or other remedies provided hereunder, to terminate the Permits and tow any vehicles which are in violation of said identification system established by Lessor. The current rules and regulations from can be found in the Building Garage at management office for Lessee’s convenience and are in effect until notice is given to Lessee of any change. Lessor reserves the sole cost right to modify and/or adopt such other reasonable and expense non-discriminatory rules and regulations for the garage as it deems necessary for the operation of Tenant the garage. Lessor may refuse to permit any person who violates the rules to park in the garage, and without liability for damages resulting therefromany violation of the rules shall subject the car to removal.”
Appears in 1 contract
Parking. A. 21.1 Landlord shall make available to Tenant, provided and Tenant is not in default under this Lease, throughout acknowledge the Term Seven (7) importance of providing Project customers with sufficient ground level parking permits (the “Permits”) to allow access space reasonably close to the stores and offices they wish to visit. Accordingly, Tenant and Tenant’s employees may park only in the areas designated by Landlord, from time to time, as employee parking garage located at in the Property (Project. Without limiting the “Building Garage”) which is used in connection with the operation terms of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforforegoing sentence, Tenant acknowledges and agrees that neither Tenant nor its employees will pay to Landlord as Additional Rent use any on-street parking for the Project, it being understood and with each installment agreed that such parking is for the office and retail customers of Base Rent due under the Lease, the Parking Charge (hereinafter defined) hereinafter providedProject. 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 With respect to any limited reserved elevated parking that Landlord may establish and for which Landlord may increase garages located on the Parking ChargeProject or adjacent land (collectively, 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 ChargeGarages”) equal to the sum of $0.00 per month for each Permit issued to Tenant), and such Parking Charge Tenant agrees that Tenant shall be paid monthly in advance as hereinabove provided. A pro rata portion of such Parking Charge shall be payable for the (i) restrict its employees from parking in parking spaces located on the first partial calendar month (1st) and second (2nd) floors of the Lease Term in the event the Commencement Date occurs on a date other than the first day of a calendar month, Parking Garages 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 City of Southlake’s rules and regulations governing the use Parking Garages, as amended from time to time. Tenant must furnish Landlord with a complete list of license numbers of all automobiles operated by Tenant, its employees, its subtenants, its licensees and its concessionaires, and their employees; Tenant must furnish such list to Landlord within five (5) days after the Commencement Date of this lease, and Tenant must notify Landlord of any changes to such list within five (5) days after such changes occur. Tenant agrees that if any automobile or other vehicle owned by Tenant or any of its employees, its subtenants, its licensees or its concessionaires, or their employees, at any time are parked in any part of the Building GarageProject other than the parking areas specified above as being permitted parking areas for Tenant and its employees, including but not limited Tenant must pay to Landlord as additional rent upon demand an amount equal to the rules establishing daily rate or charge for such parking as established by Landlord (currently, $10.00 for the first violation and $50.00 for each violation thereafter) from time limits on to time for each day, or part thereof, that such automobile or other vehicle is so parked. In addition, Tenant must immediately remove the use vehicle to parking areas specified above as being permitted parking areas for Tenant and its employees. If Tenant fails to respond immediately, Landlord has the right to take either such action; and Tenant hereby indemnifies Landlord and agrees to hold Landlord harmless from all removal and parking expenses and liabilities which may arise out of said Permits, shall entitle Landlord, in ’s action. In addition to the rights granted by the preceding sentences, any other violation of this Section, whether by Tenant or by one of Tenant’s employees, entitles Landlord to exercise at its option any one or more of the remedies provided hereunder, to terminate the Permits and tow any vehicles which are authorized in violation Article 22 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 1 contract
Sources: Office Lease (Quality Systems Inc)
Parking. A. Landlord Tenant shall make available have the right, but not the obligation, to Tenant, provided Tenant is not in default under this Lease, throughout the Term Seven lease one (71) parking permits (stall per 1,000 rentable square feet leased in the “Permits”) parking garage on the Property on an unassigned basis at the prevailing monthly rates as established by Landlord from time to allow access time. To the extent additional non-reserved parking stalls are available in the parking garage, Tenant shall have the option to secure such stalls for its employees’ use on a month-to-month basis and at the prevailing monthly rates. The prevailing monthly rate charged to Tenant or Tenant’s employees shall not be more than the rate charged to any other tenant in the Buildings excluding short term rates offered as tenant inducements. Access to the parking garage located for Tenant’s monthly parkers, shall be available twenty four hours a day, every day. The leasing of parking stalls by Tenant shall be subject to such reasonable rules and regulations as Landlord or its parking operator may adopt from time to time. Tenant shall pay $180.00 plus tax for parking for the first four months of the Lease Term. In addition, Landlord shall make parking in the ▇▇▇▇▇▇▇ Place Parking Garage available to clients and visitors of Tenant during normal business hours, including Saturdays (starting at 9:30 a.m. unless changed by mutual agreement of the Property (parties) and such holidays as are mutually agreed to in writing by Landlord and Tenant. In this regard, Tenant shall purchase script to validate visitors in the “Building Garage”) parking garage, which is used run via valet service. Such parking shall be made available to Tenant’s clients for the same charge as is made to the general public. In addition, Landlord shall provide Tenant with racks for approximately fifty (50) bicycles in connection a non-exclusive enclosed, covered and secured area, with key-card access for Tenant’s employees, during the operation term of this Lease within 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, bike rack area 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 no additional cost and expense of Tenant and without liability for damages resulting therefromor expense.
Appears in 1 contract
Sources: Lease Agreement (Blue Nile Inc)
Parking. A. (a) Throughout the term, so long as Tenant shall have performed all of the agreements on Tenant's part to be performed, Landlord shall make available to TenantTenant the following number of parking spaces, 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-reservedexclusive basis: ten (10) spaces for executive cars, first-comewhich shall be reasonably close to an entrance to the Building. sixty (60) spaces for employee cars, first-serve basis. Landlord may elect which shall be not more than 500 yards from an entrance to establish parking zones in the Building Garage and if Landlord so electsBuilding, the Permits may be issued to specifically identified vehicles and the Parking Charge may relate to specified zone(s) as determined by Landlordunless otherwise provided for herein. If Landlord implements a system whereby only specifically identified vehicles are granted PermitsTenant or its invitees use more than the specified number of spaces set forth above, other vehicles shall not be permitted to use the Building Garage without the then after five days notice from 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 shall, at the option of Landlord, either (i) pay to Landlord during the Term, as Additional Rent thereunder, a parking Landlord's then current charge (the “Parking Charge”) equal to the sum of $0.00 per month for each Permit issued to Tenant, and additional space used for each month during which such Parking Charge shall be paid monthly in advance excess use takes place (even if for less than the full month) (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 monththis lease, and Landlord's current monthly charge is $40.00 per space), or (ii) for cease and desist immediately from using said additional spaces. If Landlord selects 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 first of such Parking Charge options, Landlord may revoke such choice on 30 days notice.
(b) As necessary, Landlord shall be deemed to be a default in (between 7:00 a.m. and 10:00 p.m. on business days), light, clean, remove snow from and otherwise maintain, the payment of Rentparking area. 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 responsible for repairing damage to an abatement the parking areas caused by Tenant or its invitees. Landlord shall not be obligated to remove snow unless the accumulation exceeds three inches. In no event shall Landlord be obligated to remove snow from areas obstructed by parked 29 vehicles at the time Landlord's equipment is servicing such areas.
(c) Tenant shall require its invitees to park only in areas designated by Landlord, and not to obstruct the parking areas of Parking Charges for other tenants. Tenant shall, upon request, furnish to Landlord the Permits in the amount of $0.00 per month for the full Term license numbers of the Leaseautomobiles operated by Tenant, beginning with its executives and other employees. Landlord may use any lawful means to enforce 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, parking regulations established pursuant to this Lease Article 38, including, but not limited to, the towing away of improperly parked or at law or in equity. During the Parking Charge Abatement Period, only Parking Charges for the Permits shall be abated, unauthorized cars and all Base Rent, Additional Rent pasting of warning notices on car windows and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Leasewindshields.
C. The failure (d) Landlord may temporarily close any parking area in order to timely pay make repairs or changes, to prevent the Parking Charge specified aboveacquisition of public rights, or to comply with the rules discourage unauthorized parking. Landlord may do such other acts in 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 Landlordsuch areas as, in addition its judgment, may be desirable 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 therefromimprove same.
Appears in 1 contract
Parking. A. (a) Tenant shall be entitled to obtain, and pay for, contracts with the Parking Garage operator for the number of parking access devices set forth in Article 1 permitted use of such number of unreserved parking spaces in the Parking Garage, in areas, if any, as may be designated by Landlord or the Parking Garage operator for occupants of the Building, notwithstanding the number of Tenant’s employees, customers or invitees. The parking contracts shall be for unassigned spaces and the monthly rate to be paid by Tenant and its employees shall be the prevailing monthly parking rate charged by the Parking Garage operator, which parking rate may change at any time and from time to time, as determined by such Parking Garage operator. In the event Tenant fails to make any payment of the monthly parking charge within thirty (30) days after receipt of notice from Landlord that the same was not paid when due, then Landlord may revoke those parking contracts as to which payment was not made, and Landlord shall be under no obligation to obtain replacement parking contracts. Tenant shall be responsible for the full amount of any taxes imposed by any governmental authority in connection with the use of the Parking Garage by Tenant. Failure to pay any monthly parking charge shall in no event be grounds for any claim of a default by Tenant under this Lease.
(b) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the Parking Garage under such contracts and if requested by Landlord, such automobiles shall be identified by electronic or other identification devices provided by Landlord or the Parking Garage operator, and only such designated automobiles shall be permitted to use access control devices provided to monthly contract holders in the Parking Garage. The Parking Garage will be operated in whole or in part as a public parking garage, and at Landlord’s sole election, Landlord may make validation stickers available to Tenant for the use of public parking spaces, provided, however, if Landlord makes validation stickers available to any other office tenant in the Building, Landlord shall make such validation stickers available to Tenant. If Landlord has instituted a vehicle identification system or other parking procedure and Tenant’s employees, provided customers or invitees do not comply with any such procedure, then in any of such events, Landlord shall be entitled to, without any liability to Tenant, its employees, customers or invitees, remove any vehicles not complying with Landlord’s procedures. 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, close-off or restrict access to the Parking Garage for purposes of permitting or facilitating construction, alteration or improvement. Landlord may delegate its responsibilities hereunder to a parking garage located at operator or a lessee of the Property Parking Garage in which case such parking operator or lessee shall have all the rights of control attributed hereby to the Landlord.
(c) Tenant may not assign, transfer, sublease or otherwise alienate its right to use of the “Building Parking Garage”) which is used , except in connection with the operation a sublease 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 Premises or an assignment 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 Tenant’s continued right to use the right Parking Garage is conditioned upon written notice posted in Tenant abiding by the Building terms of any parking contracts, and all rules and regulations which are prescribed from time to time for the orderly operation and use of the Parking Garage, 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 such Parking Charge shall be paid monthly Tenant not being 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, .
(d) 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 acknowledges that 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 Garage is subject to the provisions of this Lease.
C. The failure the South Boston Parking Freeze Regulations and to timely pay one or more Parking Freeze Permits issued thereunder by the City of Boston Air Pollution Control Commission, which regulations and permits require that twenty percent (20%) of the total parking supply in the Parking Charge specified aboveGarage be set aside for Off-Peak use, or and not be available weekdays between 7:30 a.m. and 9:30 a.m. Tenant acknowledges that the administration of such requirement may from time to comply with time limit the rules and regulations governing the use ability of certain of the Building Garage, including but not limited monthly parkers to enter 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 Parking Garage between 7:30 a.m. 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.9:30 a.m.
Appears in 1 contract
Parking. A. Landlord shall make available to Tenant, provided Unless Tenant is not in default under this Leasehereunder, throughout for the Term Seven initial term Tenant shall be entitled to parking stickers and/or cards equal to eleven (711) parking permits spaces (the “PermitsParking Passes”) ). Each Parking Pass shall entitle the vehicle on which the Parking Pass is presented to allow access to park in the parking garage located at beneath the Property Building (the “Building Garage”) which is used during Normal Office Hours in a non-preferential and non-exclusive basis Tenant shall pay a monthly fee per Parking Pass in the amount of One Hundred Thirty-five Dollars ($135.00), plus any tax or assessment imposed by any governmental authority in connection with such parking privileges (the operation “Parking Fee”) The Parking Fee shall be adjusted annually on the anniversary of the Building. Of said Seven (7) Permits granted Commencement Date to Tenantthe prevailing market rate for such parking, 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 shall provide thirty (30) days’ written notice of the adjusted Parking Fee. The amount Tenant pays for each Parking Pass is not intended to cover the costs of repairing, maintaining and operating the Garage, which costs shall be included in Operating Expenses (as defined in Article 7). Landlord shall have exclusive control over the day-to-day operations of the Garage. Landlord may make, modify and enforce reasonable rules and regulations relating to the parking of vehicles in the Garage, and Tenant shall abide by such rules and regulations and shall cause its employees and invitees to abide by such rules and regulations. In lieu of providing parking stickers or cards. Landlord may use any reasonable alternative means of identifying and controlling vehicles authorized to be parked in the Garage. Landlord may designate the Garage for long term or employee parking only and Landlord may change such designations from time to time. Landlord may direct Tenant’s invitees and customers to other parking structures or lots within a system whereby only specifically identified vehicles are granted Permitsreasonable distance from the Premises with space available on a first-come, other vehicles shall not be permitted to use first served non-exclusive basis in common with the Building Garage without the Landlord’s prior written consentgeneral public. Landlord reserves the right upon written notice posted in to alter the Building Garage, to change size of the Garage and the configuration of parking system for the Building Garage to provide special requirements for weekend, holiday or after hours usage spaces and to temporarily close the Building Garage, or portions thereof to make such repairs or alterations as driveways therein. 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, assisted or tandem parking, that Landlord determines are necessary or desirable for tenant requirements or orderly and efficient parking. With the rules establishing exception of the eleven (11) designated parking spaces referenced in this Section 4, Landlord at any time limits on the use may substitute for Tenant’s Parking Passes an equivalent number of said Permits, shall entitle Landlord, parking passes or spaces 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 a parking structure or subterranean parking facility or within a surface parking area located a reasonable distance from the Building Premises. Pending availability, Landlord shall provide additional Parking Passes in the Garage on a month-to-month basis, subject to the same terms and conditions as Tenants allotted Parking Passes. In the event Landlord is unable to provide Parking Passes in the Garage, Landlord shall provide an equivalent number of parking passes or spaces in a parking structure within the 2300 block of Eastlake at the sole cost and expense of Tenant and without liability for damages resulting therefromthen current rates.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Atossa Genetics Inc)
Parking. A. Tenant shall have the right to use with other tenants or ------- occupants of the Complex ninety three (93) 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 93 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, Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant Landlord reserves the right, 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 Initial: /s/ [ILLEGIBLE] --------------- Multi Tenant/Complex Page 5 of 25 BUILDING: Milpitas 10 PROPERTY: 1-0210 UNIT: 2 LEASE ID: 0210-OPTI01-01 loading 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 provisions 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 at Tenant's sole expense to tow away from the Complex 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 spaces 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 1 contract
Sources: Lease Agreement (Opti 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. Guest parking is sold at the Lessor’s discretion and will not be available during home football game weekends from Friday Evening until after the game ends on Saturday. 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 1 contract
Sources: Lease Agreement
Parking. A. Commencing on the Expansion Date and continuing through and until the Expiration Date, Section 1.19 of the Lease shall be amended to provide that in addition to and not in lieu of the Parking Spaces provided for therein, Landlord shall furnish to Tenant and Tenant shall lease from Landlord additional parking rights for (a) fifty-one (51) Adjacent Garage Parking Spaces, of which three (3) shall be designated Executive Non-Reserved Parking Spaces and forty-eight (48) shall be designated Non-Reserved Parking Spaces, and (b) two (2) Reserved Executive Parking Spaces located in the Executive Garage; provided that Tenant shall have the right, but not the obligation, at any time during the Term for the Expansion Space to elect to lease such Executive Non-Reserved Parking Spaces and Non-Reserved Parking Spaces by providing Landlord written notice of such election no less than thirty (30) days prior to the date Tenant desires the use of such spaces; provided further that if Tenant elects to lease such spaces, Tenant's obligation to pay additional rental therefor shall continue throughout the Term for the Expansion Space. In addition, upon Tenant's request, Landlord will make one (1) additional Reserved Executive Parking Space available to Tenant, provided Tenant is not in default under this Lease, throughout . The foregoing spaces are collectively referred wherein as the Term Seven (7) parking permits ("Parking Spaces". For 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 thereforParking Spaces, Tenant will shall pay to Landlord during the term as Additional Rent and with additional rental hereunder (a) the sum of $20.00 per month (plus any applicable sales tax) for each installment Non-Reserved Parking Space, (b) the sum of Base Rent due under the Lease, the $60.00 per month (plus any applicable sales tax) for each Executive Non-Reserved 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 (c) the sum of $100.00 per month (plus any applicable sales tax) for each Reserved Executive Parking Space, such sums to any limited reserved parking that Landlord may establish be payable monthly in advance on the first day of each 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 every month during the Term, as Additional Rent thereunder, and 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 sum shall be payable for the (i) first any partial calendar month of the Lease Term in the event the Commencement Date occurs this Amendment commences or ends 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 or last day of a calendar month. Tenant’s 's obligation to pay the Parking Charge above described parking rental shall be considered an obligation to pay Rent rent for all purposes thereunder hereunder and shall be secured in a like manner as is Tenant’s '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 any 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 Garagerent. Notwithstanding anything in this Section of the Lease to the contraryforegoing, so long as and provided 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 default under the Lease, all Abated effective as of the Expansion Date the rental payable for 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 Spaces leased by Tenant of during 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 period commencing on the use of said PermitsExpansion Date and continuing through and until August 31, 2000 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 therefromabat▇ ▇▇▇ such period.
Appears in 1 contract
Sources: Office Lease (Pegasus Systems 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 shown on Exhibit A, if any. 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 make available have the right, at Landlord's sole election, to Tenantchange said types and locations from time to time; provided, provided however, such designation shall be uniformly applied and shall not unfairly favor any tenant in the Building.
(b) Commencing on the Commencement Date, Tenant shall pay Landlord the Parking Fee, if any, shown in Article 1, as Additional Rent, payable monthly in advance with the Monthly Rent. If there is not a Parking, Fee shown in default under this LeaseSchedule 1, then thereafter, and throughout the Term Seven (7) Term, the parking permits (rate for each type of parking space provided to Tenant hereunder shall be the “Permits”) prevailing parking rate, as Landlord may designate from time to allow access time, at Landlord's sole election, for each such type of parking space. In addition to the right reserved hereunder by Landlord to designate the parking garage located rate from time to time, Landlord shall have the right to change the parking rate at the Property (the “Building Garage”) which is used in connection with the operation any time to include therein any amounts levied, assessed, imposed or required to be paid to any governmental authority on account of the Building. Of said Seven (7) Permits granted parking, of motor vehicles, including all sums required to Tenant, each shall be standard unreserved. In consideration therefor, Tenant will pay paid pursuant to Landlord as Additional Rent and with each installment of Base Rent due transportation controls imposed by the Environmental Protection Agency under the LeaseClean Air Act of 1970, the Parking Charge (hereinafter defined) hereinafter provided. The Permits shall only as amended, or other-wise required 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 Saturdays, Sundays, and Holidays. Except paid by any governmental authority with respect to any limited reserved the parking, use, or transportation of motor vehicles, or the reduction or control of motor vehicle traffic, or motor vehicle pollution.
(c) If requested by Landlord, Tenant shall notify Landlord of the license plate number, year, make and model of the automobiles entitled to use the 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 facilities 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 requested by Landlord. If Landlord implements a system whereby , such automobiles shall be identified by automobile window stickers provided by Landlord, and only specifically identified vehicles are granted Permits, other vehicles such designated automobiles shall not be permitted to use the Building Garage without the Landlord’s prior written consentparking, facilities. If Landlord reserves the right upon written notice posted in the Building Garageinstitutes such an identification procedure, 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 provide additional parking, spaces for the Permits, use by customers and invitees of 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 monthdaily basis at prevailing parking rates, and (ii) if any. At Landlord's sole election, Landlord may make validation stickers available to Tenant 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 any such Parking Charge shall be deemed to be a default in the payment of Rent. As additional consideration for the aforesaid Permitsparking spaces, Tenant hereby waives on behalf of itself all claimsprovided, whether based on negligence or other groundshowever, 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 if Landlord 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.
Appears in 1 contract
Sources: Office Lease (Saville Systems PLC)
Parking. A. During the Term, Tenant shall have the right to enter into month-to-month parking space contracts with Landlord for up to one Hundred (100) parking spaces in the Building garage ("Base Parking Spaces"), on a reserved or unreserved basis, at Landlord's applicable monthly parking rates in effect from time to time. Fifty (50) additional parking spaces ("Additional Parking Spaces"), if available, shall make be made available to Tenant to contract for at applicable monthly parking rates in effect from time to time on the following terms. If Tenant fails to contract for any of the Additional Parking Spaces, or has contracted for but not used any of the Additional Parking Spaces for two (2) consecutive months, then Landlord may notify Tenant thereof after January 1, 2002. In the event that within the next thirty (30) days Tenant fails to use or contract for such Additional Parking Spaces, then Tenant's rights to contract for or use such Additional Parking Spaces shall terminate. Tenant may thereafter elect to terminate the Additional Parking Spaces by providing written notice to Landlord, provided at least thirty (30) days prior to the date of such termination, which termination date must occur upon a month end. Tenant is not shall have the right to utilize the parking spaces contracted for hereunder upon terms and conditions as favorable as terms and conditions from time to time enjoyed by the general public. To the extent Tenant contracts for such spaces, Tenant shall be billed monthly, in default advance, for parking at the monthly rates in effect from time to time for the Base Parking Spaces and Additional Parking Spaces, as applicable, and such amounts shall constitute Additional Rent under this Lease, throughout the Term Seven (7) parking permits (the “Permits”) to allow access . Notwithstanding anything herein to the contrary, the option to lease 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 spaces herein granted to Tenant, each shall Tenant may be standard unreserved. In consideration therefor, Tenant will pay to terminated 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, or 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 of the parking system for spaces upon 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 material failure of Tenant or any person 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.whom Tenant
Appears in 1 contract
Sources: Lease Agreement (Versata Inc)
Parking. A. Landlord shall make available to Tenant, provided Tenant The Building’s parking ratio is not in default under this Lease, throughout the Term Seven (7) 4.38 parking permits (the “Permits”) to allow access to the parking garage located at the Property spaces for each 1,000 square feet of rentable area (the “Building GarageStandard Parking Ratio”) which is used in connection with ). Accordingly, during the operation of the Building. Of said Seven (7) Permits granted to Tenant, each shall be standard unreserved. In consideration thereforExtension Term, 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 136 parking spaces (based on the Premises containing 31,179 square feet of rentable area). Should Tenant lease fewer or more square feet of rentable area in the Building, the number of parking spaces to be issued by Tenant shall decrease or increase, as applicable, in conformance with the Building Garage without Standard Parking Ratio. Initially, during the Landlord’s prior written consentExtension Term, Tenant shall use and pay for twenty five (25) covered reserved parking spaces, seventy seven (77) covered unreserved parking spaces and thirty four (34) rooftop parking spaces. Currently, reserved covered spaces are $55.00 per space per month, covered unreserved parking spaces are $45.00 per space per month, and rooftop spaces are $10.00 per space per month. Landlord reserves the right upon to increase the charge for parking spaces from time to time in accordance with parking charges for similar-type parking in office buildings comparable to the Building located in the vicinity of the Building. Notwithstanding the foregoing, the parking charges for use of the parking spaces allocated to Tenant in accordance with the Building Standard Parking Ratio will be waived for the period of October 1, 2012 through September 30, 2013. Landlord may, in its sole and absolute discretion, permit Tenant to use more parking spaces than permitted by the Building Standard Parking Ratio, but Landlord reserves the right to terminate Tenant’s use of any or all of the parking spaces used by Tenant in excess of the Building Standard Parking Ratio on not less than ten (10) days’ prior written notice posted to Tenant. Landlord shall not be obligated to police usage of Tenant’s reserved parking spaces on a day-to-day basis although Landlord shall use reasonable efforts to mediate any disputes regarding proper use of any of Tenant’s reserved spaces. Tenant shall be obligated to comply with such reasonable rules and regulations as Landlord may from time to time establish with respect to the garage. Landlord shall not be liable to Tenant in damages or otherwise under any circumstances for failure to provide parking if at any time Landlord is prevented from doing so for reasons beyond its reasonable control, including without limitation, as the Building Garageresult of a taking or condemnation, or during any temporary need to change close 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, lots or portions thereof to make such repairs for maintenance, repair or alterations as replacement. Landlord may deem appropriate.
B. In consideration shall have no liability whatsoever for the Permitsany property damage, 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 theft and/or personal injury which might occur as a result of 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 by Tenant, its employees, agents, servants, customers, invitees and licensees, and Tenant hereby agrees to indemnify and hold Landlord harmless for, from and against any and all costs, claims, expenses, and/or causes of action which Landlord may incur in connection with or arising out of Tenant’s use of the parking. Notwithstanding anything in this Section This section supercedes all other sections of the Lease relating to the contrary, so long as Tenant is not in Default under this Lease, Tenant shall be entitled Tenant’s right 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.
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 1 contract
Sources: Lease Amendment (Mesa Air Group Inc)
Parking. A. Landlord Permanent employees, temporary employees and casual employees, who are employees of record as at December 31st, 2016, shall make available to Tenantreceive the privilege of free of charge parking at or near City Hall or the Service & Resource Centre or at or near the Police Administrative Office, as applicable, or at or near the Nanaimo Fire Rescue Administrative Office, as applicable, provided Tenant that the applicable location is not in default under this Lease, throughout the Term Seven their normal and regular work location. The following provisions apply:
(7a) This parking permits (the “Permits”) to allow access privilege is subject to the applicable taxable benefit.
(b) This 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 privilege shall only be valid between provided during the eligible employee’s regularly scheduled hours of 5:00 a.m. work and 11:00 p.m. daily and between overtime.
(c) This parking privilege is subject to the hours of 5:00 a.m. and 11:00 p.m. on Saturdays, Sundays, and HolidaysEmployer’s right to determine where these employees actually park in order to receive this privilege. Except with respect to any limited reserved parking that Landlord may establish and for which Landlord may increase the Parking Charge, all tenant parking This Letter shall be automatically renewed 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 future and shall be secured appended to each future renewal Collective Agreement between the Parties, unless both Parties mutually agree to let it expire. for the Employer for the Union Director of Human Resources President, CUPE Local 401 Date: March 19, 2019 In recognition of the unique requirements of caretaking staff, in like manner as is Tenant’s obligation to pay Rent. Default in the payment of such Parking Charge shall be deemed some situations, to be a default in the payment of Rent. As additional consideration available for the aforesaid Permitsentire duration of their shift, Tenant hereby waives the following shall apply: When a Custodian works a shift in which they are required to be available on behalf of itself all claimssite during their lunch break, 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 they shall be entitled to an abatement of Parking Charges eight (8) hours pay for seven and one-half (7½) hours worked. for the Permits Employer for the Union Director of Human Resources President, CUPE Local 401 Renewed: March 19, 2019 This Letter is appended to the 2014 – 2016 Collective Agreement and expires with the expiry of that agreement unless renewed by the Parties. The purpose of this Letter is to establish a trial under which permanent part-time custodians and Permanent Auxiliary employees working as custodians in the amount of $0.00 per month Parks Maintenance/Construction departmental grouping will be allowed access to custodial shifts in the Recreation & Environment departmental grouping; and vice versa, provided that the employee in question has the required skill, knowledge and ability to immediately perform the applicable work. This Letter may be cancelled by either Party upon sixty (60) calendar days written notice to the other Party. for the full Term of the Lease, beginning with the Commencement Date (the “Parking Charge Abatement Period”). The total amount of Parking Charges Employer 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.Union
Appears in 1 contract
Sources: Collective Bargaining Agreement