IN THE AREA OF THE PROJECT FOR SIMILAR FACILITIES.
TENANT
ACKNOWLEDGES THAT THE INDIVIDUALS TO WHOM GARAGE ACCESS CARDS ARE DISTRIBUTED
PURSUANT TO TENANT'S RIGHTS HEREUNDER WILL BE REQUIRED BY LANDLORD OR THE GARAGE
OPERATOR TO EXECUTE A COMMERCIALLY REASONABLE STANDARD PARKING AGREEMENT
ACKNOWLEDGING RECEIPT OF THE CARD, PROVIDING INFORMATION REGARDING THE MAKE,
MODEL, AND LICENSE PLATE NUMBER OF THE AUTOMOBILE OR AUTOMOBILES SUCH PARTY MAY
PARK IN THE GARAGE, AND ACKNOWLEDGING RECEIPT OF THE RULES AND REGULATIONS
PERTAINING TO GARAGE ACCESS AND PARKING.
IN THE EVENT TENANT SHALL REQUIRE
SUBSTANTIALLY MORE SPACES THAT THE STATED NUMBER OF PARKING SPACES, AT TENANT'S
WRITTEN REQUEST ACCOMPANIED BY TENANT'S COMMITMENT TO REIMBURSE LANDLORD FOR ITS
ADDITIONAL COSTS IN CONNECTION WITH OPERATING A VALET SYSTEM, LANDLORD SHALL
CONSIDER CONVERTING THE PARKING GARAGE TO A VALET SYSTEM, PROVIDED THAT
LANDLORD'S ELECTION TO CONVERT OR DECLINE TO CONVERT TO SUCH SYSTEM SHALL BE
MADE IN LANDLORD'S SOLE DISCRETION.
THROUGHOUT THE TERM OF THIS LEASE LANDLORD
SHALL PROVIDE A SHUTTLE SERVICE BETWEEN THE BUILDING AND THE NEAREST BART
STATION AND SUCH OTHER PUBLIC TRANSIT LOCATIONS, IF ANY, DESIGNATED BY LANDLORD,
WHICH SHALL BE AVAILABLE TO TENANT'S EMPLOYEES FREE OF CHARGE, SUBJECT TO THE
REASONABLE RULES AND REGULATIONS IMPOSED BY THE SHUTTLE SERVICE REGARDING PROPER
IDENTIFICATION.
THE SHUTTLE SHALL OPERATE DURING MORNING AND AFTERNOON COMMUTE
HOURS, PROVIDED THAT THE SPECIFIC HOURS OF OPERATION AND SCHEDULE FOR THE
SHUTTLE SERVICE SHALL BE DETERMINED BY LANDLORD, HOWEVER LANDLORD SHALL CONSULT
WITH TENANT REGARDING THE SCHEDULE OF THE SHUTTLE SERVICE. THE COST OF OPERATING
THE SHUTTLE SERVICE SHALL BE AN OPERATING COST, AND OPERATING COST FOR THE BASE
YEAR SHALL BE DEEMED TO INCLUDE THE COST OF A FULL CALENDAR YEAR'S SHUTTLE
SERVICE AT THE RATE INITIALLY PAYABLE THEREFOR.
23.4
BROKERS.
LANDLORD HAS BEEN REPRESENTED IN THIS TRANSACTION BY
LANDLORD'S BROKER.
TENANT HAS BEEN REPRESENTED IN THIS TRANSACTION BY TENANT'S
BROKER.
UPON FULL EXECUTION OF THIS LEASE BY BOTH PARTIES, (I) LANDLORD SHALL
PAY TO LANDLORD'S BROKER A FEE FOR BROKERAGE SERVICES RENDERED BY IT IN THIS
TRANSACTION IF PROVIDED FOR IN A SEPARATE WRITTEN AGREEMENT BETWEEN LANDLORD AND
LANDLORD'S BROKER, AND (II) LANDLORD SHALL PAY TO TENANT'S BROKER A FEE FOR
BROKERAGE SERVICES RENDERED BY IT IN THIS TRANSACTION IF PROVIDED FOR IN A
SEPARATE WRITTEN AGREEMENT BETWEEN LANDLORD AND TENANT'S BROKER.
LANDLORD AND
TENANT EACH REPRESENTS AND WARRANTS TO THE OTHER THAT SUCH PARTY HAS NEGOTIATED
THIS LEASE DIRECTLY WITH THE REAL ESTATE BROKERS NAMED IN THE BASIC LEASE
INFORMATION PAGE AND HAS NOT AUTHORIZED OR EMPLOYED, OR ACTED BY IMPLICATION TO
AUTHORIZE OR TO EMPLOY, ANY OTHER REAL ESTATE BROKER OR SALESMAN TO ACT FOR SUCH
PARTY IN CONNECTION WITH THIS LEASE. EACH PARTY SHALL HOLD THE OTHER HARMLESS
FROM AND INDEMNIFY AND DEFEND THE OTHER AGAINST ANY AND ALL CLAIMS BY ANY REAL
ESTATE BROKER OR SALESMAN OTHER THAN THE REAL ESTATE BROKERS NAMED IN THE BASIC
LEASE INFORMATION PAGE FOR A COMMISSION, FINDER'S FEE OR OTHER COMPENSATION AS A
48
RESULT OF THE INACCURACY