Common use of Transit Fees Clause in Contracts

Transit Fees. Without limiting the foregoing, Additional Rent shall also include and Lessee agrees to bear, discharge and pay during the Term, in lawful money of the United States, without offset or deduction, its proportionate share of the reasonable cost of any commuter transit services or traffic mitigation programs which Lessor implements in the Stanford Research Park, including without limitation charges for service and surcharges imposed directly or indirectly on the Premises by any governmental agencies on or with respect to transit (including transit services which may be provided in the future to occupants of the Stanford Research Park) or automobile usage or parking facilities (collectively, “Transit Fees”), to the extent that such transit services or traffic mitigation programs serve the Premises. Lessee’s share of Transit Fees shall be assessed pro rata and on a non-discriminatory basis, based on a reasonable standard applied in a non-discriminatory manner by Lessor (for example, based on the rentable area of the Improvements as compared to the total rentable area of the Stanford Research Park [or the area being served by the service, if less than the entire Stanford Research Park], or based on the average employee headcount in the Premises as compared to the overall employee density of the Stanford Research Park [or the area being served by the service, if less than the entire Stanford Research Park]). In no event shall Lessee’s share of Transit Fees exceed ten cents ($0.10) per year per rentable square foot of space in the Premises, subject to annual adjustment (as of the first day of each Lease Year after the Rent Commencement Date) to reflect percentage increases or decreases in the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics (San Francisco, Oakland, San ▇▇▇▇ Area, All Urban Consumers, All Items, 1982-84 - 100), or if such index is no longer published, a successor or substitute index designated by Lessor in its reasonable discretion, which shall be published by a governmental agency and reflecting changes in consumer prices in the San Francisco Bay Area (the “Index”). Notwithstanding the foregoing or any other provision hereof to the contrary, (a) Lessee shall not be required to pay any Transit Fees for programs that do not serve the Premises, and (B) in the event Lessee is operating its own commuter transit service (such as, but not limited to, a shuttle bus or van service), Lessee shall not be obligated to pay any Transit Fees so long as such service is in effect.

Transit Fees. Without limiting the foregoing, Additional Rent shall also include and Lessee agrees to bear, discharge and pay during the Term, in lawful money of the United States, without offset or deduction, its proportionate share of the reasonable cost of any commuter transit services or traffic mitigation programs which that Lessor implements in the Stanford Research Park, including without limitation charges for service and surcharges imposed directly or indirectly on the Premises by any governmental agencies on or with respect to transit (including transit services which may be provided in the future to occupants of the Stanford Research Park) or automobile usage or parking facilities (collectively, “Transit Fees”), to the extent that such transit services or traffic mitigation programs serve the Premises. Lessee’s share of Transit Fees shall be assessed pro rata and on a non-discriminatory basis, based on a reasonable standard applied in a non-discriminatory manner by Lessor (for example, based on the rentable area of the Improvements as compared to the total rentable area of the Stanford Research Park [or the area being served by the service, if less than the entire Stanford Research Park], or based on the average employee headcount in the Premises as compared to the overall employee density of the Stanford Research Park [or the area being served by the service, if less than the entire Stanford Research Park]). In no event shall Lessee’s share of Transit Fees exceed ten cents ($0.10) per year per rentable square foot of space in Improvements located on the Premises, subject to annual adjustment (as of the first day of each Lease Year after commencing on the Rent Commencement Adjustment Date) to reflect percentage increases or decreases in the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics (San Francisco, Oakland, San ▇▇▇▇ Area, All Urban Consumers, All Items, 1982-84 - 100), or if such index is no longer published, a successor or substitute index designated by Lessor in its reasonable discretion, which shall be published by a governmental agency and reflecting changes in consumer prices in the San Francisco Bay Area (the “Index”). Notwithstanding the foregoing or any other provision hereof of this Lease to the contrary, (a) Lessee shall not be required to pay any Transit Fees for programs that do not serve the Premises, and (Bb) in the event Lessee shall not be required to pay any Transit Fees at any time Lessee is operating its own commuter transit service service, which offers peak hour routes to the California Avenue train station, (such asor the closest mass transit station in the event the California Avenue train station is decommissioned) and a daily number of trips that are reasonably comparable to those being offered under Lessor’s transit program, but and which are adequate to obviate any Transit Fee. In the event Lessor determines in its reasonable discretion that any Lessee transit program then being provided is not limited tocomparable to Lessor’s then-existing program, a shuttle bus or van service), Lessor shall have the right to require Lessee shall not be obligated to pay any Transit Fees so long as such service is in effectprovided above.