Lease agreement by and btwn metropolitan life insurance form
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9.01[7][c] Example 5: Parking ClauseSection 9.01. Tenant shall notify Landlord in writing within 180 days
after the Commencement Date of the number of parking spaces (up to a maximum of
125 (subject to increase as provided in Article 47) that Tenant wishes to hire
from Landlord (the "Tenant's Parking Spaces"). Landlord shall make the Tenant's
Parking Spaces available to Tenant and Tenant shall hire same from Landlord, in
such areas (the "Parking Areas") on the Property as Landlord shall periodically
designate for parking. Landlord makes no representations or guarantees
whatsoever as to the specific location of Tenant's Parking Spaces or whether
Tenant's Parking Spaces will be under cover or open. Tenant's Parking Spaces
shall be used exclusively for the parking of standard size passenger cars (or
smaller cars), belonging to or leased to or operated by Tenant, any of Tenant's
permitted subtenants, and their respective employees, visitors and invitees, and
for no other purpose. Tenant shall not allow any parking of any cars of Tenant
or Tenant's permitted subtenants, or their employees, visitors or invitees,
outside of the Parking Areas or in parking spaces within the Property designated
for use by Landlord or other tenants or their respective employees, visitors or
invitees. Landlord reserves the right to relocate or alter Tenant's Parking
Spaces within the Parking Areas if, in Landlord's sole judgment, it becomes
desirable to do so during the Term. Tenant shall upon request promptly furnish
to Landlord the license numbers of the cars operated by Tenant and Tenant's
permitted subtenants and their employees and contractors. Notwithstanding the
provisions of this Section 9.01, from time to time throughout the Term, but not
more often than once in any 3 month period, Tenant shall have the right by
written notice to Landlord to terminate its hiring of any number of Tenant's
Parking Spaces. If Tenant shall terminate its hiring of any of Tenant's Parking
Spaces pursuant to the preceding sentence, Tenant shall not have any further
right to rehire such Tenant's Parking Spaces from Landlord.
Section 9.02. All parking spaces used by Tenant, its employees, visitors
and invitees will be used at their own risk, and Landlord shall not be liable
for any injury to person or property, or for loss or damage to any automobile or
its contents, resulting from theft, collision, vandalism or any other cause
whatsoever, unless such injury or loss is caused by the negligence or willful
act of Landlord.
Section 9.03. Landlord shall have the right to license an independent
operator or conduct a parking operation open to the public with respect to the
Parking Areas or to conduct such operation itself.
Section 9.04. Tenant shall pay to Landlord monthly, as Additional Rent, on
the first day of each month, without any set-off or deduction whatsoever, or in
lieu thereof, to any parking operator who shall be licensed by Landlord to
conduct a parking operation with respect to the Parking Areas, the amount
obtained by multiplying the number of Tenant's Parking Spaces reserved in any
given month by the monthly rate (the "Parking Rate") then charged by Landlord or
such operator to the general public for an equivalent space for such month;
provided, however, Tenant shall have the right to notify Landlord that any
number of Tenant's Parking Spaces have been reserved for Tenant's employees, in
which case each such individual employee shall contract directly with Landlord
or such parking operator for the payment of the Parking Rate. Notwithstanding
the foregoing proviso, in the event that any such employee fails to pay any of
its parking fees then, upon five (5) Business Days notice from Landlord (time
being of the essence), Tenant shall have a right to redeem the balances owing
for such space(s) before any such space(s) are terminated by Landlord. In the
event that Tenant fails to so redeem such space(s) (or Tenant is deemed to have
failed to have redeemed such space(s) by reason of its failure to make such
payment within said 5-Business Day period), then: (i) Landlord may terminate
Tenant's (and such employee(s)') rights to such space(s); (ii) Tenant shall have
no further right to rehire such Tenant's Parking Spaces from Landlord; and (iii)
Tenant shall pay Landlord, as Additional Rent, the parking fees applicable to
such terminated space(s) for such 5-Business Day period. If any of Tenant's
Parking Spaces shall be first made available to Tenant other than on the first
day of a month, then Tenant shall make the payments in respect of such Spaces
for such month on the date same are so made available appropriately prorated.Section 9.05. Landlord, or the parking lot operator, as the case may be,
shall have the right to tow, at Tenant's sole cost and expense, any of Tenant's
or Tenant's permitted subtenants', or their employees', visitors' or invitees'
cars that are parked outside of Tenant's Parking Spaces to the extent specific
spaces are reserved for tenants.
Section 9.06. Landlord shall have the right to require that all cars to be
parked in Tenant's Parking Spaces shall exhibit such identification as Landlord
may from time to time deem reasonably necessary to control the use of the
Parking Areas. Landlord shall have the right to tow, at Tenant's sole cost and
expense, any of Tenant's or Tenant's permitted subtenants', their visitors' or
invitees' cars not exhibiting such identification if required. Landlord shall
have the right to tow any of Tenant's employees' cars not exhibiting such
identification if required, and the cost of such towing shall be borne by any
such employee of Tenant.
Section 9.07. Landlord shall have the right to institute valet parking, as
a Building service or a service of the parking operator, in which event Tenant
shall comply with all rules promulgated by Landlord or such parking operator
relating thereto.
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