Common use of Additional Parking Clause in Contracts

Additional Parking. Lessor has a design for fifty additional parking spaces on the Filial Lot, enclosed as part of Exhibit Five. Therefore, if additional parking spaces are required by the Lessee, then Lessee may build such parking spaces as designed, unless the parties mutually agree that Lessor shall build such additional parking spaces: i) If the Lessee is the one who builds such parking spaces, he will do so at his sole cost and expense and in accordance with all applicable Park, Condominium or other construction regulations and requirements. The Lessee will present all construction plans and schedules for such works to the Lessor, and only upon written approval by the Lessor (which approval shall not be unreasonably withheld, conditioned, or delayed), may the Lessee begin all any construction works. ii) If Lessor builds such parking spaces, Lessor will charge Lessee for such work upon the actual net cost of performing such work, plus a fee of 7% of such net cost. Parties shall mutually agree if such costs will be covered by Lessee totally when he receives the parking spaces for use, or if the monthly rent will be increased in order to cover such costs. Lessor shall build such parking spaces, in accordance with all applicable Park, Condominium or other construction regulations and requirements. If additional parking spaces are required by Lessee, and there is no more space to build additional parking spaces within the Filial Lots where the Premises are located, then the Lessor, agrees that up to 100 additional parking spaces shall be available to be constructed for Lessee’s benefit in the Park (and Lessor shall assign such additional spaces in areas within the Park for Lessee’s benefit), and if Lessee desires parking spaces in excess of such 100 additional parking spaces, Lessor shall make available to Lessee such excess parking spaces at a satellite parking area to be located in any other Filial Lot or Property of the Lessor, serviced by a shuttle bus, but shall be located within a radius of a maximum of one kilometer and a half from the Park. The parking spaces shall be assigned in an area to be defined by the Lessor. Additional external parking shall be rented at a rental fee quoted by Lessor, and equal to the current rental fee charged by the Lessor to other tenants and third parties in the Park. Lessee may decrease the number of leased parking spaces, to the extent that all parking spaces to be returned are not within the filial lots where the Premises are located. In such case, the Lessee shall give a written notice to the Lessor indicating the parking spaces it will not require anymore, and the date since they will stop using them. The notice shall be given at least fifteen calendar days in advance to the termination of usage of the parking spaces. The lease of the parking spaces within the filial lots of the Premises may not be reduced.

Additional Parking. Lessor has a design Landlord agrees to provide up to one hundred (100) additional surface, non-covered, non-reserved parking spaces for fifty use by Tenant, located in the general vicinity of the Building in the area identified as the “future parking area” depicted on Appendix “A” attached hereto, provided that Tenant delivers to Landlord, not sooner than the last day of the eighteenth (18th) full calendar month of the Term and not later than the last day of the twenty-fourth (24th) full calendar month of the Term, written notice specifying the number of such additional spaces which Tenant desires to use, time being of the essence hereof. In such event, the parties shall enter into an amendment to this Lease granting Tenant the right to use such additional parking (designating the number and location thereof) and, in consideration thereof, increasing the annual Base Rent payable pursuant to this Lease for each and every year thereafter by $82,140.00 (based upon $2.00 per rentable square foot of the Premises), which shall be effective as of the date such additional parking is first made available for use by Tenant (the “Parking Amendment”), which date shall be no later than one hundred eighty (180) days after the execution and delivery of the Parking Amendment (as extended for any delays caused by Tenant, any undue governmental delays in obtaining required permits and/or any other inability to perform as described in Article 28). Landlord shall promptly prepare the Parking Amendment and submit the same to Tenant for execution. Tenant shall have twenty (20) days after receipt of the Parking Amendment from Landlord in which to execute and deliver the Parking Amendment to Landlord, and Landlord shall have twenty (20) days after receipt of the same from Tenant in which to execute the Parking Amendment and deliver one (1) fully executed copy to Tenant. If Tenant fails to execute and deliver the Parking Amendment to Landlord when and as required herein, Landlord (in its sole discretion) shall not be obligated to provide the additional parking spaces on the Filial Lot, enclosed as part of Exhibit Five. Therefore, if additional parking spaces are required by the Lessee, then Lessee may build such parking spaces as designed, unless the parties mutually agree that Lessor shall build such additional parking spaces: i) If the Lessee is the one who builds such parking spaces, he will do so at his sole cost and expense and in accordance with all applicable Park, Condominium or other construction regulations and requirements. The Lessee will present all construction plans and schedules for such works to the Lessor, and only upon written approval by the Lessor (which approval shall not be unreasonably withheld, conditioned, or delayed), may the Lessee begin all any construction works. ii) If Lessor builds such parking spaces, Lessor will charge Lessee for such work upon the actual net cost of performing such work, plus a fee of 7% of such net cost. Parties shall mutually agree if such costs will be covered by Lessee totally when he receives the parking spaces for use, or if the monthly rent will be increased in order to cover such costs. Lessor shall build such parking spaces, in accordance with all applicable Park, Condominium or other construction regulations and requirements. If additional parking spaces are required by Lessee, and there is no more space to build additional parking spaces within the Filial Lots where the Premises are located, then the Lessor, agrees that up to 100 additional parking spaces shall be available to be constructed for Lessee’s benefit in the Park (and Lessor shall assign such additional spaces in areas within the Park for Lessee’s benefit), and if Lessee desires parking spaces in excess of such 100 additional parking spaces, Lessor shall make available to Lessee such excess parking spaces at a satellite parking area to be located in any other Filial Lot or Property of the Lessor, serviced by a shuttle bus, but shall be located within a radius of a maximum of one kilometer and a half from the Park. The parking spaces shall be assigned in an area to be defined by the Lessor. Additional external parking shall be rented at a rental fee quoted by Lessor, and equal to the current rental fee charged by the Lessor to other tenants and third parties in the Park. Lessee may decrease the number of leased parking spaces, to the extent that all parking spaces to be returned are not within the filial lots where the Premises are located. In such case, the Lessee shall give a written notice to the Lessor indicating the parking spaces it will not require anymore, Tenant and the date since they will stop using them. The notice shall provisions of this paragraph shall, at the option of Landlord, thereupon be given at least fifteen calendar days in advance to the termination null and void and of usage of the parking spaces. The lease of the parking spaces within the filial lots of the Premises may not be reducedno further force or effect.

Additional Parking. Lessor has a design for fifty Lessor, at its sole cost and expense, shall use good faith, diligent efforts to construct an additional seventy-seven (77) parking spaces on the Filial Lotsouth side of the Building as shown on the attached site plan ("Additional Parking"). Lessor shall use reasonable efforts to complete the Additional Parking by June 1, enclosed as part 2003. If Lessor fails to complete construction of Exhibit Five. Thereforethe Additional Parking by June 1, if additional parking spaces are required by the Lessee2004,, then commencing within fifteen (15) business days after Lessee may build such parking spaces as designedgives notice to Lessor, unless the parties mutually agree that Lessor shall build such additional parking spaces: i) If the Lessee is the one who builds such parking spacesLessor, he will do so at his its sole cost and expense expense, shall provide Lessee, its agents, employees, contractors, licensees, invitees, Affiliates of Lessee, User, permitted assignees and sublessees, visitors or anyone claiming under or through Lessee, with valet/attendant parking service as reasonably requested by Lessee from time to time. Such valet/attendant parking service shall be during Building Hours (excluding Saturdays) for the parking of no more than seventy-seven (77) non-commercial vehicles in accordance with all applicable Park, Condominium or other construction regulations and requirements. The Lessee will present all construction plans and schedules for such works reasonably close proximity to the Lessor, and only upon written approval by Building until such time as Lessor has completed the Lessor (which approval shall not be unreasonably withheld, conditioned, or delayed), may construction of the Lessee begin all any construction works. ii) If Lessor builds such parking spaces, Lessor will charge Lessee for such work upon the actual net cost of performing such work, plus a fee of 7% of such net cost. Parties shall mutually agree if such costs will be covered by Lessee totally when he receives the parking spaces for use, or if the monthly rent will be increased in order to cover such costsAdditional Parking. Lessor shall build such parking spaces, in accordance with all applicable Park, Condominium or other construction regulations and requirements. If additional parking spaces are required by Lessee, and there is no more space ensure that the valet/attendant service provided to build additional parking spaces within the Filial Lots where the Premises are located, then the Lessor, agrees that up to 100 additional parking spaces Lessee shall be available to be constructed for Lessee’s benefit consistent with a first-class valet/attendant service in the Park (County of Bergen. Lessor's valet/attendant service shall be professionally and adequately staffed with uniformed personnel. Lessee shall have no liability for damage to any persons or property arising out of such valet/attendant service, and Lessor shall assign indemnify, defend and hold Lessee harmless against any liabilities, damages, costs and expenses arising from the valet/attendant service being provided by Lessor hereunder. In no event shall such additional spaces indemnity be deemed to cover any negligent or wrongful acts and/or omissions of Lessee, its agents, employees, contractors, licensees or invitees. Lessor shall have no liability and shall not incur a penalty of any kind (including, but not limited to, the rent credit for failure to perform Lessor's Work in areas within Article 27 hereof) for its failure to construct the Park Additional Parking, except its obligation to provide the valet/attendant parking hereunder. Any vehicular easement given by Lessor to any third party over the Office Building Area shall not: (i) unreasonably interfere with Lessee's use and occupancy of the Building; (ii) go through the Building's parking areas; or (iii) jeopardize Lessee's ability to obtain any building permits for Lessee’s benefit's Work (e.g., rooftop equipment, generator pad, etc.), and if Lessee desires parking spaces in excess of such 100 additional parking spaces, Lessor shall make available to Lessee such excess parking spaces at a satellite parking area to be located in any other Filial Lot or Property of the Lessor, serviced by a shuttle bus, but shall be located within a radius of a maximum of one kilometer and a half from the Park. The parking spaces shall be assigned in an area to be defined by the Lessor. Additional external parking shall be rented at a rental fee quoted by Lessor, and equal to the current rental fee charged by the Lessor to other tenants and third parties in the Park. Lessee may decrease the number of leased parking spaces, to the extent that all parking spaces to be returned are not within the filial lots where the Premises are located. In such case, the Lessee shall give a written notice to the Lessor indicating the parking spaces it will not require anymore, and the date since they will stop using them. The notice shall be given at least fifteen calendar days in advance to the termination of usage of the parking spaces. The lease of the parking spaces within the filial lots of the Premises may not be reduced.

Additional Parking. Lessor has a design for fifty City agrees to construct additional parking spaces on adjacent to the Filial Lot, enclosed Capitol Expressway Berm as part of Exhibit Five. Thereforedescribed in the Lake ▇▇▇▇▇▇▇▇▇▇ Park Master Plan (“Additional Parking”) if Lessee demonstrates that the Additional Parking is required as specified in this Section. A. The Additional Parking will be deemed required, if additional the undeveloped portion of the Leased Premises (“Overflow Lot”) is utilized by City and Lessee for parking spaces are required by of cars on 24 days during a single operating season of the Leased Premises at a minimum capacity of 50% for at least one hour, or is filled to capacity on 12 days during a single operating season of the Leased Premises. The parties acknowledge that the capacity of the Overflow Lot is 75 cars. Lessee, then at its sole cost, shall be responsible for any work necessary to render the Overflow Lot suitable for unpaved parking purposes, including without limitation, grading work, and any work necessary to maintain the Overflow Lot. Once the Overflow Lot is in a condition suitable for parking purposes, either City or Lessee may build such parking spaces as designed, unless initiate use of the parties mutually agree that Lessor shall build such additional parking spaces: i) If the Lessee is the one who builds such parking spaces, he will do so at his sole cost and expense and in accordance with all applicable Park, Condominium or other construction regulations and requirements. The Lessee will present all construction plans and schedules for such works to the Lessor, and only upon written approval by the Lessor (which approval shall not be unreasonably withheld, conditioned, or delayed), may the Lessee begin all any construction works. ii) If Lessor builds such parking spaces, Lessor will charge Lessee for such work upon the actual net cost of performing such work, plus a fee of 7% of such net cost. Parties shall mutually agree if such costs will be covered by Lessee totally when he receives the parking spaces for use, or Overflow Lot if the monthly rent will be increased in order to cover such costs. Lessor shall build such parking spaces, in accordance with all applicable Park, Condominium or other construction regulations and requirements. If additional parking spaces following conditions are required by Lessee, and met: (1) there is no more space to build additional parking spaces within the Filial Lots where the Premises are located, then the Lessor, agrees that up to 100 additional parking spaces shall be available to be constructed for Lessee’s benefit in the Park (and Lessor shall assign such additional spaces in areas within the Park for Lessee’s benefit), and if Lessee desires parking spaces in excess Lots A, B, C and the Marina Parking Lot as depicted in Exhibit B and (2) the initiating party orally notifies the other that the Overflow Lot is in use. For purposes of such 100 additional parking spacesthis subsection, Lessor shall make available to Lessee such excess parking spaces at a satellite parking area to be located in any other Filial Lot or Property of the Lessor, serviced by a shuttle bus, but shall be located within a radius of a maximum of one kilometer and a half from the Park. The parking spaces shall be assigned in an area to be defined by the Lessor. Additional external parking shall be rented at a rental fee quoted by Lessor, and equal to the current rental fee charged by the Lessor to other tenants and third parties in the Park. Lessee may decrease the number of leased parking spaces, to the extent that all parking spaces to be returned are not within the filial lots where the Premises are located. In such case, the Lessee shall give a written notice to the Lessor indicating City must be made to Park Facility Supervisor or a Lake ▇▇▇▇▇▇▇▇▇▇ Park Ranger on duty and notice to Lessee must be made to Lessee’s park manager. Lessee will provide staff to direct cars into the parking spaces it Overflow Lot. City staff will not require anymore, and the date since they will stop using them. The notice shall be given at least fifteen calendar days in advance to the termination of monitor usage of the Lake ▇▇▇▇▇▇▇▇▇▇ parking spaces. The lease of lots including the parking spaces within Overflow Lot when it is in use. B. Alternatively, if Lessee constructs additional Improvements in the filial lots of Overflow Lot, the Premises may not need for Additional Parking will be reduceddeemed to be required.