Common use of Parking Spaces Clause in Contracts

Parking Spaces. (a) Landlord shall make Tenant's Parking Spaces available to Tenant and Tenant shall hire same from Landlord, in such areas (the "Parking Areas") of the Property or the Complex or other property reasonably close thereto as Landlord shall periodically designate for Tenant's use subject to the express provisions hereof. Landlord shall use good faith efforts, to the extent practicable under the circumstances, to designate the Parking Areas as close as practicable to the Building, and to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if the Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then be redesignated by Landlord in its sole discretion but in no event to a Parking Area further from the Building than the Parking Area behind Plaza's I, II or III (which shall include 20 reserve spaces as close as practicable to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Parking Spaces shall be returned to the Property. Upon construction of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parking. Notwithstanding the foregoing, the preceding limitations (other than the provisions of the immediately preceding sentence) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet parking services for Tenant's Parking Spaces and such valet parking is operated in a manner consistent with valet parking at first class office buildings in the vicinity of the Building. For as long as Tenant or its Affiliate leases and occupies the entire Retail Premises, Tenant (or its Affiliate, as the case may be) shall have the exclusive right to use six (6) parking spaces designated by Landlord and reserved for visitors of the Retail Space (collectively, the "Retail Parking Spaces") which Retail

Parking Spaces. The definition of “Parking Spaces” in Section 1 of the Lease is hereby deleted and replaced with the following: “Subject to the terms of this Section 1 and Exhibit I (aParking): One hundred (100) parking spaces located in the Parking Garage (“Initial Required Spaces”), of which twenty-five (25) parking spaces will be designated as reserved exclusively for Tenant (the “Reserved Spaces”) and the remainder will constitute unreserved parking spaces. The Reserved Spaces will be located on the third level of the Parking Garage in the area shown on the Garage Plan attached to the Second Amendment as Appendix 1 and made a part hereof for all purposes; provided, however, Landlord shall make may temporarily relocate any Reserved Space from time to time, at Landlord’s reasonable discretion, upon five days’ prior written notice to Tenant's Parking Spaces available to Tenant and Tenant shall hire same from Landlord, in such areas (the "Parking Areas"order for Landlord to perform its obligations under Section 10.(a) of the Property or the Complex or other property reasonably close thereto as Landlord shall periodically designate for Tenant's use subject Lease. Subject to the express provisions hereof. Landlord shall use good faith effortsterms of Exhibit I, to any such temporary relocation of the extent practicable under the circumstances, to designate the Parking Areas as close as practicable to the Building, and to locate at least 200 of such Reserved Parking Spaces in one contiguous Parking Areaby Landlord will not exceed 30 consecutive days. If the Net Rentable Area of the Office Space is increased at any time during the Term, but if the Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then allocated to Tenant will be redesignated by Landlord increased at the rate of (i) one parking space for every 500 additional square feet of Net Rentable Area in its sole discretion but the Office Space (“Additional Required Spaces”) or, (ii) at Tenant’s option, one parking space for every 367 square feet of Net Rentable Area in no event the Office Space (the number of spaces in excess of the Additional Required Spaces, “Optional Spaces”). Reserved parking spaces (equal to a Parking Area further from 15% of the Building than total Additional Required Spaces and, if Tenant elects to lease the same, 15% of the Optional Spaces) and unreserved parking spaces shall be located in the Parking Garage. If the Net Rentable Area behind Plaza's Iof the Office Space is decreased pursuant to Section 20.(a) of the Lease, II or III then, after taking into consideration any Additional Space leased pursuant to Section 20.(b) of the Lease, the number of Initial Required Spaces (which including Reserved Spaces) shall include 20 reserve spaces as close as practicable to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces be reduced on a first priority pro rata basis (such pro rata reduction being calculated as compared to any other user the number of such Parking Areas, at which time Initial Required Spaces set forth above multiplied by the redesignated Parking Spaces shall be returned to ratio of (A) the Property. Upon construction total number of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parking. Notwithstanding the foregoing, the preceding limitations (other than the provisions square feet of Net Rentable Area of the immediately preceding sentenceOffice Space following such reduction (but including any Additional Space leased), divided by (B) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet parking services for Tenant's Parking Spaces and such valet parking is operated in a manner consistent with valet parking at first class office buildings in the vicinity total number of square feet of Net Rentable Area of the Building. For as long as Tenant or its Affiliate leases and occupies the entire Retail Premises, Tenant (or its Affiliate, as the case may be) shall have the exclusive right Office Space immediately prior to use six (6) parking spaces designated by Landlord and reserved for visitors of the Retail Space (collectively, the "Retail Parking Spaces") which Retailsuch reduction).

Parking Spaces. (a) Landlord shall make Tenant's Parking Spaces available to Tenant and Tenant shall hire same from Landlord, in such areas (have the "Parking Areas") use of the Property or number of reserved parking spaces in the Complex or other property reasonably close thereto Building parking garage as Landlord shall periodically designate for Tenant's use subject to the express provisions hereofset forth in Article 1 hereof and shown on Exhibit I on a 24 hour basis. Landlord shall mark xxxh spaces as "reserved" but shall have no obligation to monitor the use good faith efforts, of such spaces. Subject to the extent practicable under the circumstances, to designate continued effectiveness of the Parking Areas Lease (as close defined below), Tenant shall have the use of the number of unreserved parking spaces in the St. Louis Centre Garage as practicable set forth in Article 1 hereof during Normal Business Hours and upon payment of the Monthly Rent therefor set forth in Article 1 for such space(s), which Monthly Rent may be changed by Landlord upon thirty (30) days advance written notice given to Tenant to a rate not exceeding the lowest published (or otherwise objectively verifiable) monthly rate in the St. Louis Centre Garage, but in any event not lower than the rate for such spaces charged by the LCRA to the Building, and Landlord pursuant to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if the Parking Areas on the Property are under construction Lease. Concurrent with any vacation and surrender of space by Tenant pursuant to Article 24 hereof, Tenant shall surrender one (1) parking space for a new building so that there are insufficient remaining Parking Spaces thereon each two thousand (2,000) rentable square feet (or portion thereof) of space vacated by Tenant. The number of parking spaces to accommodate all of Tenant's Parking Spaces be surrendered by Tenant shall be allocated on a first priority pro rata basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then be redesignated by Landlord in its sole discretion but in no event to a Parking Area further from between the Building than garage and the Parking Area behind Plaza's ISt. Louis Centre Garage based upon a fraction, II the numerator of which is the number reserved or III (which shall include 20 reserve unreserved parking spaces as close as practicable then available to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Parking Spaces shall be returned to the Property. Upon construction of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parking. Notwithstanding the foregoing, the preceding limitations (other than the provisions of the immediately preceding sentence) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet parking services for Tenant's Parking Spaces and such valet parking is operated in a manner consistent with valet parking at first class office buildings in the vicinity of the Building. For as long as Tenant or its Affiliate leases and occupies the entire Retail Premises, Tenant (or its Affiliatehereunder, as the case may be) shall have , and the exclusive right to use six (6) denominator or which is the total number of parking spaces then available to the Tenant hereunder; provided, however, single reserved spaces shall be surrendered prior to double reserved spaces. The parking spaces to be surrendered by Tenant shall be designated by Landlord Tenant, subject to Landlord's reasonable approval. For example, if the Tenant surrendered 5,000 square feet of Rentable Area to Landlord, Tenant would be required to surrender 3 parking spaces. If Tenant then had 68 reserved spaces and 107 unreserved spaces, Tenant would be required to surrender 1 reserved for visitors of the Retail Space space (collectively, the "Retail Parking Spaces"3 x (68/175) which Retail= 1.17) and 2 unreserved spaces (3 x (107/175) = 1.83).

Parking Spaces. (a) Landlord shall make Tenant's Parking Spaces available to Tenant and Throughout the Term, Tenant shall hire same from Landlordhave the right during Building Hours to use up to 436 parking spaces, which shall consist of up to 436 covered unreserved parking spaces (“Unreserved Parking Spaces”) in such areas the Parking Garage, out of which Tenant may designate up to 31 as reserved parking spaces (“Reserved Parking Spaces”) with the "Parking Areas"right to convert up to two (2) of the Property or Reserved Parking Spaces to two VIP reserved parking spaces (the Complex or other property reasonably close thereto as Landlord “VIP Parking Spaces”). The Reserved Parking Spaces shall periodically designate be located in the Parking Nest (defined below). The amount of Unreserved Parking Spaces was determined by applying a ratio of 3.75 covered unreserved parking spaces for Tenant's use subject every 1,000 square feet of Net Rentable Area in the Premises for the first 100,000 square feet of Net Rentable Area in the Premises 3.5 covered unreserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises over 100,000 square feet of Net Rentable Area in the Premises. The amount of Reserved Parking Spaces was determined by applying a ratio of 0.25 reserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises for the first 100,000 square feet of Net Rentable Area in the Premises and 0.35 reserved parking spaces for every 1,000 square feet of Net Rentable Area in the Premises over 100,000 square feet of Net Rentable Area in the Premises. Outside of Building Hours, Tenant may continue to utilize available spaces in the Parking Garage, but Tenant shall always maintain the exclusive rights at all times to the express provisions hereofReserved Parking Spaces, including VIP Parking Spaces, if any. Tenant may request to convert any Reserved Parking Space and a portion of its Unreserved Parking Spaces to valet parking provided by Landlord shall use good faith efforts, in the Xxxxx Drive entrance to the extent practicable under Project (the circumstances“Valet Parking Spaces”) (the Unreserved Parking Spaces, Reserved Spaces, VIP Parking Spaces and Valet Parking Spaces shall be referred to designate collectively herein as, the “Parking Areas as close as practicable Spaces”) but if Landlord determines, in Landlord’s sole discretion, that the capacity of the then current valet parking or parking garage program cannot accommodate this request then Landlord may refuse such requested conversion. Subject to the Buildingprovisions contained in this Exhibit “G”, and to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if Tenant may change the Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then be redesignated leased and paid for within the Parking Garage from time to time, but not more often than once every three (3) months, by giving Landlord written notice of the number of Parking Spaces Tenant has elected to use, which is up to 436 total Parking Spaces for the Initial Premises (the “Maximum Parking Spaces”). When Tenant gives notice of a change in its sole discretion but in no event to parking, the notice will provide the number and type of parking being increased or decreased and, if an Unreserved Parking Space, whether or not the space is a Parking Area further from Nest space. For any expansion of the Building than the Parking Area behind Plaza's I, II or III (which shall include 20 reserve spaces as close as practicable to Leased Premises in the Building) , Tenant shall receive rights to additional Parking Spaces, and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Maximum Parking Spaces shall be returned increased, at a parking ratio of 3.5 Unreserved Parking Spaces per 1,000 square feet of Net Rentable Area of additional space added to the PropertyLeased Premises (of which up to 10% may be designated at any time as additional Reserved Parking Spaces) and the Maximum Parking Spaces shall increase by such number. Tenant shall have the rights at all times to use the number of Parking Spaces in the Parking Garage it has elected to use, with Tenant’s total number of Parking Spaces not to exceed the Maximum Parking Spaces. If the Net Rentable Area of the Leased Premises shall be later reduced, then the parking ratio used for determining the Maximum Parking Spaces will be reduced based on a “last in, first out” concept. For example, if the most recent expansion of the Leased Premises added 20,000 square feet of Net Rentable Area to the Leased Premises and had a parking ratio of 3.5 Parking Spaces per 1,000 square feet of Net Rentable Area associated with the expansion, then if the reduction to the Leased Premises was less than 20,000 Net Rentable Area, the Parking Spaces would be deducted from the Maximum Parking Spaces at a 3.5 Parking Space per 1,000 square feet of Net Rentable Area ratio proportionate to the area the Leased Premises was actually reduced. All such Parking Spaces that are to be made available to Tenant pursuant hereto are, except to the extent comprising a Reserved Space or located in the Parking Nest, shall be available to Tenant on a “first come, first served” basis, and Landlord shall have no obligation to ensure the availability of any such Unreserved Parking Spaces to any person or party (except as may be expressly provided below in Section 7 hereof). Parking Spaces may not be assigned, transferred or sublet by Tenant, except in conjunction with a permitted assignment or sublease of the Leased Premises as provided in the Lease. Upon construction termination of any closed parking on the Propertythis Lease, Tenant's rights to the Parking Spaces shall be within such closed parking. Notwithstanding the foregoing, the preceding limitations (other than the provisions of the immediately preceding sentence) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet parking services for Tenant's Parking Spaces and such valet parking is operated in a manner consistent with valet parking at first class office buildings in the vicinity of the Building. For as long as Tenant or its Affiliate leases and occupies the entire Retail Premises, Tenant (or its Affiliate, as the case may be) shall have the exclusive right to use six (6) parking spaces designated by Landlord and reserved for visitors of the Retail Space (collectively, the "Retail Parking Spaces") which Retailterminate.

Parking Spaces. (a) Landlord shall make Tenant's Parking Spaces available to Tenant without charge a number of unreserved and unassigned parking spaces within the Parking Garage equal to 2.5 parking spaces for every 1,000 square feet of the Premises and any additional space leased by Tenant, without charge to Tenant. Additionally, Tenant hereby agrees to pay Landlord for reserved and assigned parking spaces equal to 1 parking spaces within the Parking Garage for every 1,000 square feet of the Premises and any additional space leased by Tenant, at a charge of $50.00 per parking space per month throughout the term of the Lease, which payment shall hire same from be due and payable at the time of payment of Base Rent and shall be considered additional rent due under this Lease. The location of the reserved parking spaces shall be mutually agreed to by Tenant and Landlord. Tenant acknowledges and agrees that the parking in the Project Garage is on a co-usage basis with other owners and permitted users in the Project, except that Tenant's reserved parking spaces in such areas the Project Garage shall be available for its exclusive use between the hours 8:00 a.m. and 6:00 p.m., Monday through and including Friday, excluding any and all municipally recognized holidays (the "Normal Parking AreasHours"). After Normal Parking Hours, fifty percent (50%) of the Property or the Complex or other property reasonably close thereto as Landlord reserved parking allocated to Tenant shall periodically designate remain available for Tenant's exclusive use and the remaining fifty percent (50%) of the reserved and one hundred percent (100%) of the unreserved parking allocated to Tenant shall be on a co-usage basis with other owners and permitted users in the Project, subordinate to the rights of the adjoining residential development and subject to the express provisions hereof. Landlord shall use good faith efforts, to the extent practicable under the circumstances, to designate the Parking Areas as close as practicable to the Building, and to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if the Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then be redesignated by Landlord in its sole discretion but in no event to a Parking Area further from the Building than the Parking Area behind Plaza's I, II or III (which shall include 20 reserve spaces as close as practicable to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Parking Spaces shall be returned to the Property. Upon construction of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parkingavailability. Notwithstanding the foregoing, Landlord will abate the preceding limitations reserved parking additional rent for the initial twelve (other than the provisions 12) months of the immediately preceding sentence) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet lease terms. Total parking services for Tenant's Parking Spaces and such valet parking additional rent abatement is operated in a manner consistent with valet parking at first class office buildings in the vicinity of the Building. For as long as Tenant or its Affiliate leases and occupies the entire Retail Premises, Tenant (or its Affiliate, as the case may be) shall have the exclusive right to use six (6) parking spaces designated by Landlord and reserved for visitors of the Retail Space (collectively, the "Retail Parking Spaces") which Retail$24,000.

Parking Spaces. (a) Landlord shall make Tenant's Parking Spaces available to Tenant and In connection with the leasing of the East Wing Premises hereunder, so long as Tenant shall hire same from Landlord, not be in such areas (the "Parking Areas") of the Property or the Complex or other property reasonably close thereto as Landlord shall periodically designate for Tenant's use subject to the express provisions hereof. Landlord shall use good faith efforts, to the extent practicable default under the circumstancesLease beyond the expiration of applicable notice and cure periods, Tenant shall have the right to designate use four(4) parking spaces in the Parking Areas as close as practicable to the Building, and to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if the Automobile Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areasan unreserved, such insufficient number of Parking Spaces may then be redesignated by Landlord in its sole discretion but in no event to a Parking Area further from the Building than the Parking Area behind Plaza's I, II or III (which shall include 20 reserve spaces as close as practicable to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Parking Spaces shall be returned to the Property. Upon construction of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parking. Notwithstanding the foregoing, the preceding limitations (other than the provisions of the immediately preceding sentence) shall not apply to the extent Landlordunassigned basis, in its sole discretion, elects to provide Tenant common with valet parking services for Tenant's Parking Spaces and such valet parking is operated in a manner consistent with valet parking at first class office buildings in the vicinity other tenants of the Building. For as long as Tenant or its Affiliate leases and occupies During the entire Retail Lease Term for the East Wing Premises, Tenant shall pay to Landlord each month with the payment of Base Rent the then monthly parking charge (currently $250 per space per month) set by Landlord, regardless of whether Tenant or any invitees, employees or contractors of Tenant actually use such spaces, for each of the four (4) parking spaces (the “East Wing Parking Charges”). Such rate shall be subject to change by Landlord during the Lease Term for the East Wing Premises. Tenant shall be responsible for causing its Affiliatevisitors to park only in spaces or areas marked “Visitor parking” and Tenant and its employees shall not park in spaces or areas marked “Visitor-Parking” or “No parking”. Landlord reserves the right to tow any cars parked in “Visitor Parking” or “No Parking” areas at the sole expense of the owner of the improperly parked car. Landlord reserves the right to designate reserved parking spaces for the Building’s tenants. Nothing contained herein shall be deemed to create liability upon Landlord for any damage to motor vehicles of Tenant’s Permittees, or from loss of property from within such motor vehicles while parked in the Automobile Parking Areas. Landlord has the right to enforce against all users of the Automobile Parking Areas the rules and regulations set forth on the Parking Rules and Regulations attached as Exhibit C to the Lease, as the case same may bebe amended by Landlord from time to time. Tenant may elect to discontinue the use of one or more parking spaces upon thirty (30) shall have the exclusive days prior written notice to Landlord, and Tenant’s right to recommence the use six (6) parking of such discontinued spaces designated shall be subject to availability, as determined by Landlord and reserved for visitors of the Retail Space (collectively, the "Retail Parking Spaces") which RetailLandlord.

Parking Spaces. (a) Landlord shall make Tenant's Parking Spaces available to Tenant without charge a number of unreserved and unassigned parking spaces within the Parking Garage equal to 2.5 parking spaces for every 1,000 square feet of the Premises and any additional space leased by Tenant, without charge to Tenant. Additionally, Tenant hereby agrees to pay Landlord for reserved and assigned parking spaces equal to 1 parking spaces within the Parking Garage for every 1,000 square feet of the Premises and any additional space leased by Tenant, at a charge of $50.00 per parking space per month throughout the term of the Lease, which payment shall hire same from be due and payable at the time of payment of Base Rent and shall be considered additional rent due under this Lease. The location of the reserved parking spaces shall be mutually agreed to by Tenant and Landlord. Tenant acknowledges and agrees that the parking in the Project Garage is on a co-usage basis with other owners and permitted users in the Project, except that Tenant's reserved parking spaces in such areas the Project Garage shall be available for its exclusive use between the hours 8:00 a.m. and 6:00 p.m., Monday through and including Friday, excluding any and all municipally recognized holidays (the "Normal Parking AreasHours"). After Normal Parking Hours, fifty percent (50%) of the Property or the Complex or other property reasonably close thereto as Landlord reserved parking allocated to Tenant shall periodically designate remain available for Tenant's exclusive use and the remaining fifty percent (50%) of the reserved and one hundred percent (100%) of the unreserved parking allocated to Tenant shall be on a co-usage basis with other owners and permitted users in the Project, subordinate to the rights of the adjoining residential development and subject to the express provisions hereof. Landlord shall use good faith efforts, to the extent practicable under the circumstances, to designate the Parking Areas as close as practicable to the Building, and to locate at least 200 of such Parking Spaces in one contiguous Parking Area, but if the Parking Areas on the Property are under construction for a new building so that there are insufficient remaining Parking Spaces thereon to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, such insufficient number of Parking Spaces may then be redesignated by Landlord in its sole discretion but in no event to a Parking Area further from the Building than the Parking Area behind Plaza's I, II or III (which shall include 20 reserve spaces as close as practicable to the Building) and then only until there is again sufficient Parking Spaces on the Property to accommodate all of Tenant's Parking Spaces on a first priority basis as compared to any other user of such Parking Areas, at which time the redesignated Parking Spaces shall be returned to the Property. Upon construction of any closed parking on the Property, Tenant's Parking Spaces shall be within such closed parkingavailability. Notwithstanding the foregoing, Landlord will abatx xxx reserved parking additional rent for the preceding limitations initial twelve (other than the provisions 12) months of the immediately preceding sentence) shall not apply to the extent Landlord, in its sole discretion, elects to provide Tenant with valet lease terms. Total parking services for Tenant's Parking Spaces and such valet parking additional rent abatement is operated in a manner consistent with valet parking at first class office buildings in the vicinity of the Building. For as long as Tenant or its Affiliate leases and occupies the entire Retail Premises, Tenant (or its Affiliate, as the case may be) shall have the exclusive right to use six (6) parking spaces designated by Landlord and reserved for visitors of the Retail Space (collectively, the "Retail Parking Spaces") which Retail$24,000.