PARKING AGREEMENT FOR SURFACE LOT PARKING AND GARAGE PARKING WITH ACCESS CARDS LEASE EXHIBIT
EXHIBIT [INSERT APPLICABLE LETTER]
PARKING AGREEMENT FOR SURFACE LOT PARKING AND GARAGE PARKING WITH ACCESS CARDS
Landlord shall make available to Tenant at the commencement of the Term of this Lease the non-exclusive right to use, up to _________ (___) total parking space including the amount of Parking Garage Spaces shown below, of the parking surface adjacent to the Building (the “Surface Lot”) within which tenants, and their employees, agents, advisors and invitees, may park. There will be no charge for such use of the Surface Lot by Tenant or its employees, agents, advisors or invitees during the Term of the Lease.
Landlord reserves the right to designate specific areas and spaces on the Surface Lot for specific designated uses (including, without limitation, designation of certain spaces for exclusive or reserved use by designated persons or parties). Tenant shall not, however, be entitled to exclusive use of such designated parking spaces (unless granted such rights by Landlord in writing) and Landlord may, in its sole discretion, reassign the location of such designated parking spaces from time to time or at any time. Landlord further reserves the right to promulgate rules and regulations for the use of all parking areas from time to time or at any time during the Term of this Lease. Tenant agrees that it will employ its best efforts to prevent the use by Tenant’s employees, agents, visitors and invitees of parking spaces allocated to other tenants or designated uses.
In addition to the parking spaces in the Surface Lot, Landlord shall make available to Tenant at the commencement of the Term of this Lease the use of _______ (___) monthly parking cards (the “Cards”) to be used for gaining access to the Building parking garage (the “Parking Garage”); provided, however, that the issuance and use thereafter of such Cards shall be only upon and subject to the terms and conditions of this Exhibit “__”; provided, further, that Tenant must notify Landlord in writing within ten (10) days of the commencement of the Lease as to whether or not Tenant desires any or all of the Cards (which notice shall include identification of the specific persons who will utilize such Cards); provided, further, that Tenant shall notify Landlord in writing if the person(s) identified to utilize any such Card(s) shall change, and Tenant shall return any Cards not then being utilized by an authorized employee, agent, visitor or invitee of Tenant if such failure of use continues for ten (10) days or more at any time during the Lease Term. In the event Tenant does not elect to use any or all of the Cards within the aforesaid ten (10) day notice period, or thereafter terminates its right to the use of one or more of the Cards, or in the event of the expiration or earlier termination of this Lease, Landlord shall have no further obligation to make Cards available to Tenant; and any Cards theretofore issued to or for the use of Tenant shall, upon such termination of Tenant’s right to use of the Cards or expiration or termination of this Lease, be returned immediately by Tenant to Landlord. In the event that any of the Cards issued to or for the use of Tenant, or Tenant’s employees, agents, visitors or invitees, are damaged or lost, Tenant shall be required to pay to Landlord the then customary fee of Landlord for re-issuing a Card that has been so damaged or lost, which payment shall be a condition prerequisite to Landlord’s re-issuance (if applicable) of any replacement Card(s) to Tenant.
In the event Tenant elects to use the Cards, Tenant shall contract directly with the operator (the “Operator”) of the Parking Garage and pay the security deposits and rental fees plus any applicable taxes for such Cards from time to time charged by the Operator. As a concession to Tenant, Landlord is granting the _______ (___) Parking Garage Cards at a discounted rate of _______________ and No/Dollars ($_____) per space per month. Also in consideration of this Lease, Landlord will grant Tenant years ______ (___) and ___ (___) at no charge as long as Tenant pays for all _______ parking cards years _____ through _____ (____) and years _____ through _________ (______) of this lease. It is hereby agreed and understood that Landlord’s sole obligation hereunder is to make the Cards and the Parking Garage available to Tenant. Tenant’s right to the use of such “Cards and its right to park vehicles on the Property shall be subject to compliance with the rules and regulations promulgated from time to time by the Operator and the Landlord and shall be subject to termination for the violation of any such rules or regulations upon notice from the Operator or Landlord.
Landlord shall have no liability whatsoever for any property damage and/or personal injury which might occur as a result of, or in connection with, the use of the Parking Garage or the Surface Lot by Tenant, its employees, agents, invitees and licensees, and Tenant hereby agrees to indemnify and hold Landlord and the Operator harmless 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 the use of the Cards, Parking Garage or Surface Lot by Tenant, its employees, agents, invitees and licensees.