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Free Sample Clause

Parking Clause

A. During the initial Term, Tenant agrees to lease from Landlord and Landlord agrees to lease to Tenant a total of ___ unreserved parking spaces and ___ reserved spaces (collectively, the "Spaces") in, or on the roof of, the Building garage ("Garage") for the use of Tenant and its employees. No deductions or allowances shall be made for days when Tenant or any of its employees does not utilize the parking facilities or for Tenant utilizing less than all of the Spaces. Tenant shall not have the right to lease or otherwise use more than the number of reserved and unreserved Spaces set forth above. The reserved Spaces shall be located on the Plaza Level deck and shall be assigned and reserved for the use of Tenant's customers during the hours Tenant is open for business.

B. During the initial Term, Tenant shall pay Landlord, as Additional Rent in accordance with Article ___ of the Lease, the sum of $_____ per month, plus applicable tax thereon, if any, for each unreserved Space leased by Tenant hereunder, and the sum of $____ per month, plus applicable tax thereon, if any, for each reserved Space leased by Tenant hereunder. After the initial Term, such rates may be adjusted from time-to-time to reflect the then current rate for parking in the Garage.

C. Except for particular spaces and areas designated by Landlord for reserved parking, all parking in the Garage and surface parking areas serving the Building shall be on an unreserved, first-come, first-served basis.

D. Landlord shall not be responsible for money, jewelry, automobiles or other personal property lost in or stolen from the Garage or the surface parking areas regardless of whether such loss or theft occurs when the Garage or other areas therein are locked or otherwise secured. Except as caused by the negligence or willful misconduct of Landlord and without limiting the terms of the preceding sentence, Landlord shall not be liable for any loss, injury or damage to persons using the Garage or the surface parking areas or automobiles or other property therein, it being agreed that, to the fullest extent permitted by law, the use of the Spaces shall be at the sole risk of Tenant and its employees.

E. Landlord shall have the right from time to time to designate the location of the unreserved 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.

F. Tenant shall not store or permit its employees to store any automobiles in the Garage or on the surface parking areas without the prior written consent of Landlord. Except for emergency repairs, Tenant and its employees shall not perform any work on any automobiles while located in the Garage or on the Property. If it is necessary for Tenant or its employees to leave an automobile in the Garage or on the surface parking areas overnight, Tenant shall provide Landlord with prior notice thereof designating the license plate number and model of such automobile.

G. Landlord shall have the right to temporarily close the Garage or certain areas therein in order to perform necessary repairs, maintenance and improvements to the Garage or the surface parking areas, if any.

H. Tenant shall not assign or sublease any of the Spaces without the consent of Landlord. Landlord shall have the right to terminate this Parking Agreement with respect to any Spaces that Tenant desires to sublet or assign.

I. Landlord may elect to provide parking cards or keys to control access to the 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 to pay a fee for any lost or damaged cards or keys.

J. Landlord hereby reserves the right to enter into a management agreement or lease with an entity for the Garage ("Garage Operator"). In such event, Tenant, upon request of Landlord, shall enter into a parking agreement with the Garage Operator and pay the Garage Operator the monthly charge in accordance with prevailing rates, and Landlord shall have no liability for claims arising through acts or omissions of the Garage Operator unless caused by Landlord's negligence or willful misconduct. It is understood and agreed that the identity of the Garage Operator may change from time to time during the Lease Term. In connection therewith, any parking lease or agreement entered into between Tenant and a Garage Operator shall be freely assignable by such Garage Operator or any successors thereto.

K. Landlord agrees to mark and post the reserved Spaces for use only by the customers of Tenant's banking business, but such exclusive use of the "reserved" Spaces by the customers of Tenant's banking business shall be applicable only during the hours Tenant is open for business to the public. Landlord shall police and enforce the posted limitations and rules regarding the use of such reserved Spaces, including, without limitation, towing of vehicles illegally parking therein. Tenant authorizes Landlord to cause any such illegally parked car to be towed from the building parking areas. The Landlord agrees to cooperate and work closely with the Tenant concerning the removal of illegally parking vehicles in reserved Spaces, for which a monthly rent is paid.

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