Common use of Parking Area Clause in Contracts

Parking Area. The Tenant shall have the sole use of the designated parking areas on the Demised Building as shown on Exhibit B for vehicular parking, including without limitation trailer parking. Subject to applicable laws, Tenant may use the land that is part of the Demised Building for outside storage. The areas noted on Exhibit B for vehicular parking, trailer parking and storage are referred to as the “Building 11 Parking and Storage Area.” Notwithstanding the foregoing, the Tenant’s use of the Building 11 Parking and Storage Area shall not interfere with the right of the tenant at Building 12 to cross the Building 11 Parking and Storage Area to access its supplemental parking area. Landlord shall hold Tenant harmless from and against any claims by the tenants at Building 12 in regard to their use or non-use of the Building 11 Parking and Storage Area, provided such claims are not the result of Tenant’s negligent or willful interference with the right of the tenants at Building 12 to cross the Building 11 Parking and Storage Area to access the supplemental parking area. It is understood and agreed that Landlord does not assume any responsibility for any damage or loss to any automobiles or trailers parked on the Building 11 Parking and Storage Area or to any personal property located therein, or for any injury sustained by any person in or about the Building 11 Parking and Storage Area. If Tenant or Tenant’s employees or visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations that may be reasonably promulgated by Landlord, then Landlord may, at Tenant’s sole cost and expense, tow such vehicles away from the Building 11 Parking and Storage Area and/or attach violation notices to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts to Landlord upon demand. If Landlord tows any vehicles pursuant to this Section 5.03, Tenant shall indemnify and hold harmless Landlord from and against all liabilities, losses, claims, demands, costs and expenses (including attorneys’ fees and expenses) arising, or alleged to arise, from or in connection with such towing, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, employees and contractors. Nothing contained herein shall be deemed to impose any obligation on Landlord to police the Building 11 Parking and Storage Area.

Parking Area. The parties acknowledge that in the immediate vicinity of the Building exist approximately 565 parking space ("VICINITY PARKING") (as such Vicinity Parking area is approximately located on EXHIBIT A to this Lease) and adjacent to the Building and forming a part of the Center Property is an area presently used for the parking of motor and other vehicles by occupants and tenants (and others so entitled) of the Building and other improvements (including Mall of the Americas) within or forming a part of the Center Property (the "PARKING AREA") (as such Parking Area is approximately located as of the date hereof on EXHIBIT A to this Lease). For purposes of these provisions, the Parking Area includes the Vicinity Parking, and the Parking Area (so inclusive) contains as of the date of this Lease, approximately 2,500 parking spaces. Tenant acknowledges and affirms that the Parking Area shall be and remain subject to the exclusive control and management of Landlord and/or Landlord's designees; the manner in which the Parking Area may be operated and maintained, and the expenditures therefor, shall be at the sole discretion of Landlord, and Landlord shall have the sole right and exclusive authority to employ and discharge all personnel with respect thereto. The use by Tenant of the designated parking areas on the Demised Building as shown on Exhibit B for vehicular parking, including without limitation trailer parking. Subject to applicable laws, Tenant may use the land that is part of the Demised Building for outside storage. The areas noted on Exhibit B for vehicular parking, trailer parking and storage are referred to as the “Building 11 Parking and Storage Area.” Notwithstanding the foregoing, the Tenant’s use of the Building 11 Parking and Storage Area shall not interfere with the right of the tenant at Building 12 be subject to cross the Building 11 Parking and Storage Area to access its supplemental parking area. Landlord shall hold Tenant harmless from and against any claims by the tenants at Building 12 in regard to their use or non-use of the Building 11 Parking and Storage Area, provided such claims are not the result of Tenant’s negligent or willful interference with the right of the tenants at Building 12 to cross the Building 11 Parking and Storage Area to access the supplemental parking area. It is understood and agreed that Landlord does not assume any responsibility for any damage or loss to any automobiles or trailers parked on the Building 11 Parking and Storage Area or to any personal property located therein, or for any injury sustained by any person in or about the Building 11 Parking and Storage Area. If Tenant or Tenant’s employees or visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations that may be reasonably promulgated for the use thereof as prescribed from time to time by LandlordLandlord or the owner of such Parking Area, then Landlord mayexpressly including the right to designate areas within which Tenant and its employees, at Tenant’s sole cost personnel, invitees, contractors and expense, tow such vehicles away from the Building 11 Parking and Storage Area and/or attach violation notices any other parties related to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts be required to park. Notwithstanding the provisions of the Lease and hereof, including Landlord's rights below respecting the Parking Area, changes to the Vicinity Parking area shall be subject to certain limitations as follows: Landlord upon demand. If Landlord tows any vehicles pursuant shall not decrease the total number of spaces within the Vicinity Parking area or otherwise materially adversely reconfigure, modify or decrease the overall approximate square footage of the Vicinity Parking or materially adversely change or modify the layout of striping, bumpers and travel paths within the Vicinity Parking area unless required by or so as to this Section 5.03comply with or as resulting from laws, Tenant shall indemnify "code" or other governmental or administrative requirements [including zoning and hold harmless Landlord from and against all liabilitieshandicap, losses"stroller" or similar access requirements], claims, demands, costs and expenses (including attorneys’ fees and expenses) arisingexercise or compliance with exercises of eminent domain or other condemnation, or alleged to arisejudicial order, from decree or in connection with such towingmandate, unless caused by or due to the negligence events of casualty or willful misconduct catastrophe or other acts of G-d or events beyond Landlord's reasonable control (collectively, its agents, employees and contractors. Nothing contained herein shall be deemed to impose any obligation on Landlord to police the Building 11 Parking and Storage Area"GOVERNMENTAL AND JUDICIAL COMPLIANCE AND SIMILAR EVENTS").

Parking Area. The Tenant shall have Throughout the sole use of the designated parking areas on the Demised Building as shown on Exhibit B for vehicular parkingTerm and subject to compliance with all applicable laws, rules, regulations, ordinances and Declaration, including without limitation trailer parking. Subject to applicable lawsthe Exception Documents, Tenant may and its agents, employees, invitees and customers shall be entitled (i) to the exclusive use of all parking spaces, which currently includes 59 covered parking spaces (the land that is part of “Original Covered Parking Spaces”) and areas located on Parcel 1 and Parcel 2 (together, the Demised Building for outside storage. The parking spaces, including the Original Covered Parking Spaces, and parking areas noted located on Exhibit B for vehicular parking, trailer parking Parcel 1 and storage Parcel 2 are hereinafter referred to as the “Building 11 Parking and Storage Area.” Notwithstanding ”), (ii) to the foregoing, the Tenant’s use of such Parking Area for the Building 11 overnight and valet parking of customer vehicles or company-owned vehicles, and (iii) to install awnings or other protective cover for vehicles and to reconfigure parking spaces and traffic patterns at the Premises as Tenant may deem appropriate to operate its business. Tenant agrees to pay Landlord, as Additional Rent on the first day of each month of the Term, an amount equal to Two Thousand Six Hundred Fifty-five Dollars ($2,655.00) per month for the Original Covered Parking and Storage Spaces; provided, however, should Tenant increase the number of covered parking spaces, Tenant shall not be required to pay any additional amount for such additional covered parking spaces. The Parking Area shall not interfere with include without limitation the right of the tenant at Building 12 automobile parking stalls, driveways, entrances, exits, sidewalks and attendant pedestrian passageways and other areas designated for parking. Nothing contained in this Lease shall be deemed to cross the Building 11 Parking and Storage Area to access its supplemental parking area. create liability upon Landlord shall hold Tenant harmless from and against any claims by the tenants at Building 12 in regard to their use or non-use of the Building 11 Parking and Storage Area, provided such claims are not the result of Tenant’s negligent or willful interference with the right of the tenants at Building 12 to cross the Building 11 Parking and Storage Area to access the supplemental parking area. It is understood and agreed that Landlord does not assume any responsibility for any damage to motor vehicles of visitors or loss to any automobiles or trailers parked on the Building 11 Parking and Storage Area or to any personal property located therein, or for any injury sustained by any person in or about the Building 11 Parking and Storage Area. If Tenant or Tenant’s employees or visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations that may be reasonably promulgated by Landlord, then Landlord may, at Tenant’s sole cost and expense, tow such vehicles away from the Building 11 Parking and Storage Area and/or attach violation notices to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts to Landlord upon demand. If Landlord tows any vehicles pursuant to this Section 5.03, Tenant shall indemnify and hold harmless Landlord from and against all liabilities, losses, claims, demands, costs and expenses (including attorneys’ fees and expenses) arising, or alleged to arise, from or in connection with such towingemployees, unless ultimately determined to be caused by or due to the gross negligence or willful misconduct of Landlord. Landlord shall pay Tenant, its agentswithin thirty (30) days after Landlord’s receipt from Tenant of evidence substantiating said cost, employees the amount to reimburse Tenant for all actual, out-of-pocket costs incurred by Tenant to provide first class valet parking services in the Parking Area as deemed necessary by Tenant for Tenant’s use and contractorsoccupancy of the Premises. Nothing contained herein The costs for the valet parking services in the Parking Area shall be deemed commercially reasonable and at a cost comparable to impose any obligation on those charged in arm’s-length transactions for similar services rendered for similar purposes to comparable buildings in the Las Vegas area. Tenant shall solicit competitive bids from at least three (3) valet parking service providers (the “Valet Providers”). Landlord and Tenant shall review the bids jointly and Tenant shall be entitled to police select amongst the Building 11 three (3) Valet Providers provided that the cost of the selected Valet Provider’s services does not exceed the next lowest bid by more than ten percent (10%). If the selected Valet Provider’s bid exceeds the next lowest bid by more than ten percent (10%) then Tenant may nonetheless select such Valet Provider if Tenant finds the next lower bid to be unreasonable or unresponsive (taking into consideration such factors as its completeness of scope, scheduling approach, staffing, assessment of costs and other items). Notwithstanding the foregoing, Landlord may elect to provide such valet parking services at the Parking Area provided that Landlord can demonstrate to Tenant, in Tenant’s reasonable discretion, that Landlord can provide the same quality and Storage Areacompleteness of service (taking into consideration such factors as its completeness of scope, scheduling approach, staffing, licensing, insurance and other items) as those services provided by experienced service providers in the industry rendered for similar purposes to comparable buildings in the Las Vegas area.

Parking Area. The area which, during the Term of this Lease, is to be provided as parking for the Building is herein called the “Parking Area”. Landlord and Tenant have contemporaneously herewith entered into a lease (the “** Lease”) for office and computer facility space in that certain building (the “**”) to which the Building is to be annexed. The parking area provided to Tenant pursuant to the ** Lease is referred to therein and herein as the “**”. The Parking Area and the ** comprise the same parking spaces. The Parking Area shall consist of all of the parking spaces located on the Site, plus the 113 parking spaces located on the parcel known as the “** Parcel” in the location identified on Exhibit I attached hereto. The Parking Area is provided for Tenant’s use free of charge (except that Tenant remains obligated to pay the charges and expenses associated with the Parking Area pursuant to Section 3.2 hereof). Landlord shall have the sole right to reconfigure the portion of the Parking Area located on the ** Parcel, so long as the number of parking spaces thereon (i.e., 113) remains the same and Tenant’s ability to use the Parking Area is not interrupted. Tenant shall be permitted to park semi-tractor trailers—for the temporary storage and operation of diesel fuel and generators - on the portion of the Parking Area located immediately adjacent to the **, on the north side, but only in the event of an emergency, casualty or other event during which Tenant reasonably requires such capability, provided that Tenant complies with applicable Environmental Laws (as defined in the Addendum to the Lease), and does not unreasonably interfere with other tenants’ access to or use of the designated parking areas Premises. Throughout the Term, Landlord shall maintain a stairway from the portion of the Parking Area located on the Demised Building as shown on Exhibit B for vehicular parking, including without limitation trailer parking. Subject ** Parcel to applicable laws, Tenant may use the land that is part portion of the Demised Building for outside storage. The areas noted Parking Area located on Exhibit B for vehicular parkingthe Site, trailer parking and storage are referred to as shall provide lighting in the “Building 11 Parking and Storage Area commensurate with the lighting currently provided in the Parking Area.” Notwithstanding the foregoing, the Tenant’s use of the Building 11 Parking and Storage Area shall not interfere with the right of the tenant at Building 12 to cross the Building 11 Parking and Storage Area to access its supplemental parking area. Landlord shall hold Tenant harmless from and against any claims by the tenants at Building 12 in regard to their use or non-use of the Building 11 Parking and Storage Area, provided such claims are not the result of Tenant’s negligent or willful interference with the right of the tenants at Building 12 to cross the Building 11 Parking and Storage Area to access the supplemental parking area. It is understood and agreed that Landlord does not assume any responsibility for any damage or loss to any automobiles or trailers parked on the Building 11 Parking and Storage Area or to any personal property located therein, or for any injury sustained by any person in or about the Building 11 Parking and Storage Area. If Tenant or Tenant’s employees or visitors park illegally or in areas designated for use by others, or in driveways, fire lanes or areas not striped for general parking or otherwise violate any parking rules and regulations that may be reasonably promulgated by Landlord, then Landlord may, at Tenant’s sole cost and expense, tow such vehicles away from the Building 11 Parking and Storage Area and/or attach violation notices to such vehicles. Any amount due from Tenant pursuant to this Article will be deemed Additional Rent and Tenant shall pay such amounts to Landlord upon demand. If Landlord tows any vehicles pursuant to this Section 5.03, Tenant shall indemnify and hold harmless Landlord from and against all liabilities, losses, claims, demands, costs and expenses (including attorneys’ fees and expenses) arising, or alleged to arise, from or in connection with such towing, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, employees and contractors. Nothing contained herein shall be deemed to impose any obligation on Landlord to police the Building 11 Parking and Storage Area.”