Common use of Parking Easements Clause in Contracts

Parking Easements. Perpetual, non-exclusive easements appurtenant to each of the below specified benefitted Parcels over, through, and across all designated parking areas that may now or in future exist on each of the below specified burdened Parcels, including any roadways, entrances, gates, driveways, ramps, stairwells, walkways, other pedestrian facilities, and associated elements of parking garages and other improvements that may now or in future be appurtenant to or contained within such parking areas, and further including any paths, sidewalks, or similar pedestrian facilities providing access to or from or through the parking areas (the "Appurtenant Pedestrian Facilities") each such easement to be used by the Owners of the benefitted Parcels, each along with its Tenants, sub-tenants, employees, contractors, licensees and invitees, solely for (i) vehicular access to designated parking spaces, (ii) short term parking of passenger vehicles in such spaces (excluding, for avoidance of doubt, overnight parking for more than four consecutive nights), and (iii) pedestrian ingress and egress from such parking areas to the extent necessary to facilitate such uses, provided, that (A) the Appurtenant Pedestrian Facilities shall be used only for the last stated purpose (iii), (B) rights of access, ingress and egress to and from such parking areas pursuant to this granting clause (b) shall be solely to and from the Appurtenant Pedestrian Facilities and/or pursuant to the Ring Road Easements described in granting clause (a), the areas shown on Exhibits P1 through P8, (C) the easement area so defined on each Parcel shall exclude, and this granting clause (b) shall not extend to, any areas or improvements outside of the designated parking areas on such Parcel other than the Appurtenant Pedestrian Facilities, and (D) no Parking Easement shall be construed to permit the use of any parking space located in the areas described on the below specified Exhibits (such areas, as defined on said Exhibits, the "Exclusive Parking Zones") without the prior written consent of the Owner of the affected burdened Parcel, such consent to be granted, conditioned, or withheld in such Owner's sole and absolute discretion, as follows: (each of such easements a "Parking Easement"); and

Parking Easements. PerpetualLandlord hereby grants to Tenant, and its successors and assigns, for so long as this Lease is in force and effect, a non-exclusive easements appurtenant easement for ingress to each of the below specified benefitted Parcels over, through, and across all designated parking areas that may now or in future exist on each of the below specified burdened Parcels, including any roadways, entrances, gates, driveways, ramps, stairwells, walkways, other pedestrian facilities, and associated elements of parking garages and other improvements that may now or in future be appurtenant to or contained within such parking areas, and further including any paths, sidewalks, or similar pedestrian facilities providing access to or from or through the parking areas (the "Appurtenant Pedestrian Facilities") each such easement to be used by the Owners of the benefitted Parcels, each along with its Tenants, sub-tenants, employees, contractors, licensees and invitees, solely for (i) vehicular access to designated parking spaces, (ii) short term parking of passenger vehicles in such spaces (excluding, for avoidance of doubt, overnight parking for more than four consecutive nights), and (iii) pedestrian ingress and egress from such and for parking areas to of motor vehicles on, in and upon the extent necessary to facilitate such uses, provided, that surface parking lots and parking garages or structures located upon the Land and shown on the Campus Site Plan (Athe “Parking Areas”) the Appurtenant Pedestrian Facilities shall be used only for the last stated purpose of providing Tenant, its successors and assigns, and its permittees with parking privileges. Landlord shall have the right to (iii)a) reconfigure the Layout of any Parking Area, (B) rights of access, ingress and egress to and from such parking areas pursuant to this granting clause (b) shall close temporarily any portion of the Parking Areas if necessary for repairs and maintenance provided that Landlord is diligently completing such repairs and maintenance at all times such areas are closed, (c) permanently close and/or remove parking spaces and drives in the Parking Areas or (d) construct additional buildings and facilities that will be solely to and from the Appurtenant Pedestrian Facilities and/or pursuant entitled to the Ring Road Easements described non-exclusive use of the Parking Areas, so long as the sum of the number of parking spaces remaining available for use by Tenant and its permittees in granting clause (a)the Parking Areas labeled “A’, “B” and “C” on the areas shown on Exhibits P1 through P8Campus Site Plan thereafter equals not less than the number of parking spaces necessary to comply with all applicable governmental requirements regarding the total number of spaces required for MOB B. The easement rights granted herein are not exclusive; provided, (C) however, that Landlord covenants to restrict use of the easement area so defined on each Parcel shall excludeParking Areas by parties other than Tenant, its successors and assigns, and this granting clause (b) shall not extend toits permittees in order to allow Tenant, any areas or improvements outside of the designated parking areas on such Parcel other than the Appurtenant Pedestrian Facilitiesits successors and assigns, and (D) no Parking Easement shall be construed to permit its permittees the use of any the minimum number of parking space located spaces in the areas described on the below specified Exhibits (such areasParking Areas “A”, as defined on said Exhibits“B” and “C” required by all applicable laws, the "Exclusive Parking Zones") without the prior written consent of the Owner of the affected burdened Parcel, such consent to be granted, conditioned, rules or withheld in such Owner's sole and absolute discretion, as follows: (each of such easements a "Parking Easement"); andregulations for MOB B.

Parking Easements. PerpetualLandlord hereby grants to Tenant, and its successors and assigns, for so long as this Lease is in force and effect, a non-exclusive easements appurtenant easement for ingress to each and egress from and for parking of the below specified benefitted Parcels overmotor vehicles on, through, in and across all designated parking areas that may now or in future exist on each of the below specified burdened Parcels, including any roadways, entrances, gates, driveways, ramps, stairwells, walkways, other pedestrian facilities, and associated elements of parking garages and other improvements that may now or in future be appurtenant to or contained within such parking areas, and further including any paths, sidewalks, or similar pedestrian facilities providing access to or from or through upon the parking areas for the purpose of providing Tenant, its successors and assigns, and its permittees with parking privileges in the surface parking lots and parking garages or structures located upon the Land (the "Appurtenant Pedestrian Facilities"“Parking Areas”). Landlord shall have the right to (a) each such easement to be used by reconfigure the Owners layout of any Parking Area, (b) close temporarily any portion of the benefitted Parcels, each along with its Tenants, sub-tenants, employees, contractors, licensees Parking Areas if necessary for repairs and invitees, solely for (i) vehicular access to designated parking spaces, (ii) short term parking of passenger vehicles in maintenance provided that Landlord is diligently completing such spaces (excluding, for avoidance of doubt, overnight parking for more than four consecutive nights)repairs and maintenance at all times such areas are closed, and (iiic) pedestrian ingress permanently close and/or remove parking spaces and egress from drives in the Parking Areas so long as the sum of the number of parking spaces remaining available for use by Tenant and its permittees in the Parking Areas after such reconfiguration or permanent closure or removal equals not less than the number of parking areas to the extent spaces necessary to facilitate such uses, comply with all applicable governmental requirements regarding the total number of spaces required for the Building and the Premises. The easement rights granted herein are not exclusive; provided, however, that (A) Landlord covenants to restrict use of the Appurtenant Pedestrian Facilities shall be used only for the last stated purpose (iii)Parking Areas by parties other than Tenant, (B) rights of access, ingress its successors and egress to and from such parking areas pursuant to this granting clause (b) shall be solely to and from the Appurtenant Pedestrian Facilities and/or pursuant to the Ring Road Easements described in granting clause (a), the areas shown on Exhibits P1 through P8, (C) the easement area so defined on each Parcel shall excludeassigns, and this granting clause (b) shall not extend toits permittees in order to allow Tenant, any areas or improvements outside its successors and assigns, and its permittees that Landlord covenants to restrict use of the designated parking areas on such Parcel Parking Areas by parties other than the Appurtenant Pedestrian FacilitiesTenant, its successors and assigns, and (D) no Parking Easement shall be construed its permittees in order to permit allow Tenant, its successors and assigns, and its permittees the use of any the minimum number of parking space located spaces in Parking Areas “A”, “B” and “C” required by all applicable laws, rules or regulations for the areas described on the below specified Exhibits (such areas, as defined on said Exhibits, the "Exclusive Parking Zones") without the prior written consent of the Owner of the affected burdened Parcel, such consent to be granted, conditioned, or withheld in such Owner's sole and absolute discretion, as follows: (each of such easements a "Parking Easement"); andMOB.

Parking Easements. Perpetual, non-exclusive easements appurtenant to each There is hereby established for the use and benefit of the below specified benefitted Parcels overMulti-Family Parcel Owner and its Permittees a perpetual, throughexclusive easement for 65 parking spaces located on the P2 lower level of the parking garage located on the Commercial Parcel in the locations depicted on Exhibit F attached hereto (the “Parking Spaces”). Commercial Parcel Owner agrees not to charge Multi-Family Parcel Owner or its Permittees any fees, costs, or other charges for the use of the Parking Spaces; provided, however, following completion of the multi- family project on the Multi-Family Parcel, Multi- Family Parcel Owner shall be responsible for its “Proportionate Share” of all maintenance costs reasonably incurred by Commercial Parcel Owner for the Parking Spaces, including, without limitation, repairs, resurfacing, re-striping, parking signage, and across lighting relating to the Parking Spaces and that are reasonably incurred by Commercial Parcel Owner with respect to the parking garage as a whole (including the Parking Spaces). For purposes of this Section only, “Proportionate Share” shall mean and be calculated based on a percentage with 65 as the numerator and the total number of parking spaces in the parking garage as the denominator. All amounts owed by Multi-Family Parcel Owner will be paid in the same manner and at the same time as Maintenance Costs are paid under Section 6.3. Multi- Family Parcel Owner shall be solely responsible for causing its Permittees to park only in the designated Parking Spaces and shall be further responsible for any and all designated costs associated with full compliance of its obligations under this Section 4.2, including without limitation towing. In abundance of clarity and in no event shall Multi-Family Parcel Owner and its Permittees have the right to park on any surface parking areas that may now or in future exist on each of the below specified burdened ParcelsCommercial Parcel. Further, Multi-Family Parcel Owner acknowledges and agrees that its 65 parking spaces may need to be temporarily relocated (not to exceed 15 consecutive days or otherwise 30 days in any calendar year, unless the circumstances require an additional period to address the situation requiring the temporary relocation and Commercial Property Owner is using commercially reasonable efforts to diligently pursue the same) within the parking garage for various reasons, including any roadwayswithout limitation, entrancesgarage repairs, gatesresurfacing, drivewaysre-striping, ramps, stairwells, walkways, other pedestrian facilitiesinclement weather, and associated elements in all such events, Commercial Parcel Owner shall in no way be in breach of parking garages the ECRs due to the foregoing. Multi-Family Parcel Owner forever releases and other improvements that may now waives any and all claims or in future be appurtenant to or contained within such parking areas, and further including any paths, sidewalks, or similar pedestrian facilities providing access to or from or through causes of actions against Commercial Property Owner based on the temporary relocation of the parking areas (the "Appurtenant Pedestrian Facilities") each such easement to be used by the Owners of the benefitted Parcelsspaces provided for herein, each along with its Tenants, sub-tenants, employees, contractors, licensees and invitees, solely for (i) vehicular access to designated parking spaces, (ii) short term parking of passenger vehicles in such spaces (excluding, for avoidance of doubt, overnight parking for more than four consecutive nights), and (iii) pedestrian ingress and egress from such parking areas except to the extent necessary to facilitate such usescaused by the gross negligence, providedwillful misconduct, that (A) the Appurtenant Pedestrian Facilities shall be used only for the last stated purpose (iii), (B) rights of access, ingress and egress to and from such parking areas pursuant to this granting clause (b) shall be solely to and from the Appurtenant Pedestrian Facilities and/or pursuant to the Ring Road Easements described in granting clause (a), the areas shown on Exhibits P1 through P8, (C) the easement area so defined on each Parcel shall exclude, and this granting clause (b) shall not extend to, any areas or improvements outside breach of the designated parking areas on such foregoing agreements by Commercial Parcel other than the Appurtenant Pedestrian Facilities, and (D) no Parking Easement shall be construed to permit the use of any parking space located in the areas described on the below specified Exhibits (such areas, as defined on said Exhibits, the "Exclusive Parking Zones") without the prior written consent of the Owner of the affected burdened Parcel, such consent to be granted, conditioned, or withheld in such Owner's sole and absolute discretion, as follows: (each of such easements a "Parking Easement"); and.