Common use of Parking and Access Clause in Contracts

Parking and Access. Landlord will construct on the Site a parking facility and provide a minimum of two hundred sixty nine (269) dedicated parking spaces in that parking facility for use by Tenant (“Tenant’s Dedicated Spaces”), its employees, guests and invitees exclusively (the “Parking Facility”), pursuant to that certain Parking Lease between Landlord and Tenant, as attached hereto as Exhibit D (the “Parking Lease”). It is the intent of the parties that the Tenant’s Dedicated Spaces are an important and critical feature to its Lease relationship. Though it is intended by the parties that the documents should be consistent and integrated, in the event of any conflict between the terms of the Parking Lease and the terms of this Lease, this Lease shall control. Construction of the Parking Facility will be completed by the Commencement Date, in accordance with the terms of this Lease. The term of the Parking Lease will run concurrently with the Term of this Lease and be subject to the same extension rights. The Tenant’s Dedicated Spaces will be designated with appropriate signage, and Landlord will be responsible for overseeing and enforcing Tenant’s exclusive use. 67% of these spaces will be dedicated and available to Tenant during its customary hours of operation and 33% will be dedicated and available to Tenant at all times. The Parking Facility will be directly accessible from the interior of the Leased Premises in the locations and by means that are in accordance with the Approved Working Drawings and the Project—Landlord’s Core & Shell Work Plans, as approved by Tenant, and will accommodate 308 parking spaces at locations as depicted in the Parking Lease. In addition to Tenant’s Dedicated Spaces, Landlord will provide twenty (20) spaces at Fisherman’s Wharf on a priority basis. Rent for such additional parking shall be on a direct pass-through basis from Landlord to Tenant, and subject to the terms of the Fisherman’s Wharf parking facility; provided, however, that Tenant’s lease for such parking spaces shall run concurrently with the initial Term and any Extended Terms of this Lease; provided that notwithstanding any terms in this Lease to the contrary, Tenant may elect to terminate its lease for said parking spaces at any time upon ninety (90) days prior notice. Should Tenant require additional parking that cannot be accommodated by the Parking Facility, Landlord will within thirty (30) days of Tenant’s request provide such additional parking on a priority basis at Fisherman’s Wharf, if available, or one of the other parking facilities referenced on Exhibit E. Rent for such additional parking shall be on a direct pass -through basis from Landlord to Tenant, and subject to the terms of the facility providing the interim parking. From the date of this Lease until the later to occur of the Rent Commencement Date or the actual availability of all of the Tenant’s Dedicated Spaces, Landlord will provide Tenant with up to 160 interim parking spaces at the locations shown on Exhibit E upon thirty (30) days’ notice from Tenant. Rent for such interim spaces shall be on a direct pass—through basis from Landlord to Tenant, and subject to the terms of the facility providing the interim parking.

Appears in 1 contract

Sources: Lease Agreement (HS Spinco, Inc.)

Parking and Access. Landlord will construct on the Site a parking facility and provide a minimum of two hundred sixty thirty-nine (26939) dedicated parking spaces in that parking facility for use by Tenant (“Tenant’s Dedicated Spaces”), its employees, guests and invitees exclusively (the “Parking Facility”), pursuant to that certain Parking Lease between Landlord and Tenant, as attached hereto as Exhibit D (the “Parking Lease”). It is the intent of the parties that the Tenant’s Dedicated Spaces are an important and critical feature to its Lease relationship. , Though it is intended by the parties that the documents should be consistent and integrated, in the event of any conflict between the terms of the Parking Lease and the terms of this Lease, this Lease shall control. Construction of the Parking Facility will be completed by the Commencement Date, in accordance with the terms of this Lease. The term of the Parking Lease will run concurrently with the Term of this Lease and be subject to the same extension rights. The Tenant’s Dedicated Spaces will be designated with appropriate signage, and Landlord will be responsible for overseeing and enforcing Tenant’s exclusive use. , 67% of these spaces will be dedicated and available to Tenant during its customary hours of operation and 33% will be dedicated and available to Tenant at all times. The Parking Facility will be directly accessible from the interior of the Leased Premises in the locations and by means that are in accordance with the Approved Working Drawings and the Project—Project – Landlord’s Core & Shell Work Plans, as approved by Tenant, and will accommodate 308 parking spaces at locations as depicted in the Parking Lease. In addition to Tenant’s Dedicated Spaces, Landlord will provide twenty (20) spaces at Fisherman’s Wharf on a priority basis. Rent for such additional parking shall be on a direct pass-through basis from Landlord to Tenant, and subject to the terms of the Fisherman’s Wharf parking facility; provided, however, that Tenant’s lease for such parking spaces shall run concurrently with the initial Term and any Extended Terms of this Lease; provided that notwithstanding any terms in this Lease to the contrary, Tenant may elect to terminate its lease for said parking spaces at any time upon ninety (90) days prior notice. Should Tenant require additional parking that cannot be accommodated by the Parking Facility, Landlord will within thirty (30) days of Tenant’s request provide such additional parking on a priority basis at Fisherman’s Wharf, if available, or one of the other parking facilities referenced on Exhibit E. Rent for such additional parking shall be on a direct pass -through basis from Landlord to Tenant, and subject to the terms of the facility providing the interim parking. From the date of this Lease until the later to occur of the Rent Commencement Date or the actual availability of all of the Tenant’s Dedicated Spaces, Landlord will provide Tenant with up to 160 interim parking spaces at the locations shown on Exhibit E upon thirty (30) days’ notice from Tenant. Rent for such interim spaces shall be on a direct pass—through basis from Landlord to Tenant, and subject to the terms of the facility providing the interim parking.

Appears in 1 contract

Sources: Lease Agreement (HS Spinco, Inc.)