Common use of Rules Applied Clause in Contracts

Rules Applied. These Rules and Regulations apply equally to Tenant’s Affiliates and others permitted by Tenant to access, use or occupy the Premises. Landlord may rescind any of these Rules and Regulations. 1. Tenant and its employees and customers shall have exclusive rights to park in surface parking areas of the Outside Areas and in the Parking Garage (all parking in the Condominium Common Areas is reserved for the owner of Unit 2). Landlord shall not be obligated to tow cars or otherwise enforce Tenant’s exclusive use and/or parking rights in the Outside Areas or the Parking Garage, and Tenant shall be solely responsible for enforcing the same. Except for Landlord’s grant of parking rights to Tenant and its employees and customers as set forth in this paragraph, and except as required by Laws (e.g., with respect to the fire department and police), or except as may be provided in the Condominium Declaration, Landlord shall not grant any rights to park in the Outside Areas or in the Parking Garage. Landlord hereby confirms to Tenant that as of the Execution Date, (a) the Parking Garage contains three hundred forty five (345) parking spaces, and (2) the Outside Areas contain eleven (11) parking spaces (two of which are handicap spaces), which eleven spaces are on the side of the Building fronting El Camino Real. Tenant shall comply with and observe the requirements and restrictions of any conditions, covenants, restrictions, and easements respecting the “north” and “south” driveways providing access from El Camino Real as provided in the Condominium Declaration. 2. Landlord shall be entitled from time to time temporarily to prevent public access to all or any portion of the Outside Areas, such driveways, and the Parking Garage in order to prevent a public dedication thereof, and in connection therewith shall use reasonable efforts to minimize any disruption of Tenant’s use of such facilities. 3. Tenant shall use such all parking areas allocated to Tenant solely for purposes of parking vehicles used by its employees, clients, and contractors only for such period of time as such entities are working within the Premises or Outside Areas. Tenant shall not permit any employees, clients, contractors or other entities within its control to use such parking areas for any purposes inconsistent with the preceding sentence. Neither Tenant nor its employees, clients, or contractors shall be obligated to pay any parking charge or fee for parking within such parking areas (subject to Tenant’s obligation to pay for maintenance and operation of such parking areas as Expenses pursuant to other provisions of the Lease). Notwithstanding the foregoing, and subject to applicable Laws, Tenant shall be entitled to use parking spaces in the Parking Garage for purposes of storing containers, provided that (i) such storage area is fenced and secured in a fashion suitable to Landlord in its reasonable judgment, (ii) the location of the parking spaces so utilized for storage is approved by Landlord which approval shall not unreasonably be withheld, (iii) Tenant maintains such spaces, and is solely responsible for all security relating thereto, (iv) the property and liability insurance required to be carried by Tenant under this Lease covers such storage area, (v) such use of parking spaces for storage does not reduce the number of parking spaces available for Tenant’s exclusive use to below the minimum number of parking spaces required by the City of Los Altos to be made available for Tenant’s parking and does not otherwise violate any applicable Laws, and (vi) upon expiration or sooner termination of the Term, Tenant shall unless otherwise directed by Landlord in writing remove the fencing for such storage area and repair any damage to the Parking Garage resulting from such fencing such that the areas so affected are restored to their original condition subject only to reasonable wear and tear (subject to Laws, Landlord approves of the currently fenced areas in the Parking Garage being used for such storage as of the Execution Date). Tenant shall comply with and observe any reasonable rules and regulations from time to time promulgated by Landlord respecting the use of all parking areas. 4. Landlord shall have the right from time to time to promulgate reasonable and consistently applied rules and regulations regarding the Parking Garage (and parking in the Outside Areas), 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 and visitors to comply with all such rules and regulations as well as all reasonable additions and amendments thereto. 5. Tenant shall not store or permit its employees to store any automobiles in the Parking Garage for longer than seven (7) days without the prior written consent of Landlord. If Tenant’s employees desire to leave their automobiles in the Parking Garage for more than seven (7) days, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile and the parking space, which must be one of Tenant’s allocated reserved parking spaces. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Parking or at the Project. 6. Landlord shall have the right to temporarily close the Parking Garage or certain areas therein in order to perform necessary repairs, maintenance and improvements to the Parking Garage. In such event, Landlord will make available alternative parking in reasonable proximity to the Building on a space for space basis. 7. Tenant shall not assign or sublease any of the parking spaces at the Project (except to a Permitted Transferee) without the consent of Landlord, which such consent shall not be unreasonably withheld or delayed and provided that Landlord shall not be required to consider any such request except in connection with a concurrent request for a consent to a Transfer. 8. For each parking space covered under this Lease, Tenant will be provided with (1) parking permit which may be evidenced and controlled by a parking sticker or other mechanism, device or system specified by Landlord from time to time. With respect to such permits, Tenant covenants and agrees as follows: a. Only one (1) vehicle per permit shall have access to the Parking Garage. b. Tenant shall at all times maintain with Landlord a list of permits held by Tenant, which list shall be in form, scope, and substance reasonably satisfactory to Landlord, and shall identify each individual to whom a permit has been issued, the vehicle used by such individual, and the license plate number of such vehicle. c. Tenant shall be responsible for any damage to the Parking Garage caused by any person using a permit which has been issued to Tenant. d. In the event of material unauthorized or material improper use of a permit, as determined by Landlord in its reasonable judgment, Landlord may withdraw the permit and terminate Tenant’s right to use the permit, all without terminating or otherwise affecting tenant’s responsibilities, obligations, and liabilities under this Lease. Notwithstanding the foregoing, however, if such unauthorized or improper use of a permit is made by an employee of Tenant without Tenant’s knowledge, consent, or approval, then such employee may be barred by Landlord from using the permit and any parking spaces in the Garage, and in such event, Landlord shall permit Tenant to reissue the permit to another employee of Tenant subject to the provisions of this parking agreement. e. Each permit shall at all times remain the property of Landlord, and Tenant shall surrender all permits to Landlord immediately upon termination of this Lease. If any permit is lost, damaged or not returned to Landlord on request, payment of a replacement fee must be delivered to Landlord before a replacement permit is issued to Tenant. 9. Tenant shall indemnify and hold harmless Landlord from and against all claims, losses, liabilities, damages, costs, and expenses (including, but not limited to, attorneys’ fees and court costs) arising or alleged to arise out of the use of any parking permit issued hereunder. If any of the parking spaces covered by the permits provided to Tenant hereunder become unavailable for use by Tenant at any time or from time to time during the Term of this Lease, whether due to casualty or any other cause, the charges hereunder with respect to the applicable permits shall ▇▇▇▇▇ until such spaces again become available for use by Tenant, but otherwise this Lease shall continue in full force and effect. 10. All motor vehicles (including all contents thereof) shall be parked in the Parking Area at the sole risk of Tenant and each patron of the Parking Area, it being expressly agreed and understood Landlord has no duty to insure any of said motor vehicles (including the contents thereof), and Landlord is not responsible for the protection and security of such vehicles. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, LANDLORD SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY PROPERTY DAMAGE WHICH MIGHT OCCUR ON THE PARKING AREA OR AS A RESULT OF OR IN CONNECTION WITH THE PARKING OF MOTOR VEHICLES IN ANY OF THE PARKING SPACES. This NOTICE OF LEASE TERM (“NLT”) is given by ▇▇▇.▇▇▇, INC., a Delaware corporation (“Tenant”) to BEHRINGER HARVARD EL CAMINO REAL LP, a Delaware limited partnership (“Landlord”), with respect to that certain Lease dated , 2011 (“Lease”), under which Tenant has leased from Landlord certain premises known the ▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ located at ▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (“Building”). In consideration of the mutual covenants and agreements stated in the Lease, and intending that this Agreement may be relied upon by Landlord and any prospective purchaser or present or prospective Encumbrance holder, Tenant certifies and confirms the following: (a) The Delivery Date is , 2011. (b) The Commencement Date is , 20 .