Parking Allocation. Tenant, in consideration of leasing the Leased Premises, is hereby entitled to outdoor parking spaces, which shall be unassigned, and seven (7) covered parking spaces as identified on the plan annexed hereto as Exhibit “I,” which covered parking spaces shall be inclusive of any covered parking spaces occupied by Tenant pursuant to any other lease with Landlord for premises in the Building, and which total number of covered parking spaces shall increase up to Tenant’s Proportionate Share of the total number of covered parking spaces when and if same become available to Landlord upon vacancy, and Landlord shall make reasonable efforts to recapture covered spaces, but shall have no obligation to do so; any additional parking spaces required or used by Tenant shall only be available after obtaining Landlord’s prior approval. Landlord shall ▇▇▇▇ the covered parking spaces which are assigned as of the Commencement Date to Tenant, and will ▇▇▇▇ such covered parking spaces assigned to Tenant at future times during the Term. Landlord shall have, in its absolute discretion, the right to assign parking spaces. Landlord agrees to limit future tenants and/or occupants at the Building to the use of a number of parking spaces at the rate of three (3) per 1,000 rentable square feet leased by each such future tenant or occupant; provided, however, that, in the event that: (a) Landlord, in the reasonable exercise of its discretion, determines that the site is underparked; or (b) Landlord provides additional or alternative parking, whether on the Property or off-site (provided, however, that Tenant shall not be required to utilize any off-site parking), then, in either such event, Landlord shall not be required to enforce such ratio, or to limit future tenants or occupants to such ratio. Tenant covenants and agrees to comply with all reasonable rules and regulations, which Landlord may from time to time make to assure proper use of parking spaces by, permitted users, including but not limited to the prohibition of overnight parking. Landlord’s remedies under such rules and regulations may include, but shall not be limited to, the right to tow away at owner’s expense any vehicles not parked in compliance with these rules and regulations. Landlord shall not be responsible to Tenant for the non-compliance or breach by any other tenant of said rules and regulations. Parking may be provided by a parking contractor selected by Landlord. Landlord agrees to restrict the tenant parking area at the Building for use by tenants and occupants of the Building and their visitors only, and, in furtherance of such restriction, Landlord shall implement a tenant vehicle identification program, and, to the extent practicable based upon the existing physical layout of the Property and the Building, and, to the further extent permissible pursuant to applicable Federal, state and/or local laws, codes, ordinances and/or regulations, and any rules and/or regulations promulgated by any master association to which the Property or the Building is subject, and, to the further extent that the amount of parking spaces available at the Property will not be diminished as a result, will establish barriers to control and limit access to the tenant parking area at the Building. Landlord further agrees to monitor the tenant parking lot and, to the extent necessary, use commercially reasonable efforts to remove unauthorized vehicles therefrom.
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Sources: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)