the Building may be named after any person, firm,
or otherwise, whether or not such name is, or resembles, the name of a tenant of
the Complex or the Building.
ARTICLE 37
PARKING
37.01
FROM AND AFTER THE COMMENCEMENT DATE, LANDLORD SHALL
MAKE TENANT'S PARKING SPACES AVAILABLE TO TENANT AND TENANT SHALL HIRE SAME FROM
LANDLORD, IN SUCH AREAS (THE "PARKING AREAS") OF THE PROPERTY AS LANDLORD SHALL
PERIODICALLY DESIGNATE FOR PARKING.
AS SET FORTH IN THE REFERENCE PAGE, AT
TENANT'S OPTION, THE NUMBER OF TENANT'S PARKING SPACES MAY BE IRREVOCABLY
DECREASED FOR THE BALANCE OF THE TERM UPON NOTICE BY TENANT TO LANDLORD GIVEN BY
JULY 1, 2009 DESIGNATING THE NUMBER OF TENANT'S PARKING SPACES TENANT NO LONGER
WISHES TO HAVE MADE AVAILABLE.
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 VEHICLES
(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 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.
37.02
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
69
LOSS OR DAMAGE TO ANY AUTOMOBILE OR ITS CONTENTS, RESULTING FROM THEFT,
COLLISION, VANDALISM OR ANY OTHER CAUSE WHATSOEVER.
37.03
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.
37.04
COMMENCING ON MARCH 1, 2009, 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 BY THE MONTHLY RATE THEN CHARGED BY LANDLORD OR SUCH OPERATOR TO
THE GENERAL PUBLIC (WHICH SHALL NOT EXCEED THE PREVAILING RATE CHARGED TO OTHER
TENANTS IN THE COMPLEX) FOR AN EQUIVALENT SPACE FOR SUCH MONTH, WHETHER OR NOT
TENANT IS USING ALL OF SUCH TENANT'S PARKING SPACES DURING ANY GIVEN MONTH.
AS
OF THE