TENANT UPON NOT LESS THAN 30 DAYS' NOTICE OF
ANY INCREASES IN THE MONTHLY PARKING CHARGES PRIOR TO BILLING TENANT ANY
INCREASES.
NO DEDUCTIONS FROM THE MONTHLY CHARGE SHALL BE MADE FOR DAYS ON
WHICH THE PARKING FACILITY IS NOT USED BY TENANT.
(C)
TENANT SHALL AT ALL TIMES ABIDE BY AND
SHALL CAUSE EACH OF TENANT'S EMPLOYEES, AGENTS, CUSTOMERS, VISITORS, INVITEES,
LICENSEES, CONTRACTORS, ASSIGNEES AND SUBTENANTS (COLLECTIVELY, "TENANT'S
PARTIES") TO ABIDE BY ANY RULES AND REGULATIONS ("RULES") FOR
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USE OF THE PARKING FACILITY THAT LANDLORD OR LANDLORD'S PARKING OPERATOR
REASONABLY ESTABLISHES FROM TIME TO TIME AND OF WHICH TENANT IS PROVIDED NOTICE,
AND OTHERWISE AGREES TO USE THE PARKING FACILITY IN A SAFE AND LAWFUL MANNER.
LANDLORD RESERVES THE RIGHT TO ADOPT, MODIFY AND ENFORCE THE RULES GOVERNING THE
USE OF THE PARKING FACILITY FROM TIME TO TIME INCLUDING ANY KEY-CARD, STICKER OR
OTHER IDENTIFICATION OR ENTRANCE SYSTEM.
LANDLORD MAY REFUSE TO PERMIT ANY
PERSON WHO VIOLATES SUCH RULES TO PARK IN THE PARKING FACILITY, AND ANY
VIOLATION OF THE RULES SHALL SUBJECT THE CAR TO REMOVAL FROM THE PARKING
FACILITY.
(D)
UNLESS SPECIFIED TO THE CONTRARY ABOVE, THE
PARKING SPACES HEREUNDER SHALL BE PROVIDED ON A NON-DESIGNATED "FIRST-COME,
FIRST-SERVED" BASIS AT SUCH TIMES AS THE PARKING FACILITY IS OPERATING ON A
SELF-PARK BASIS, AND SHALL BE VALET-ASSISTED ON A "FIRST-COME, FIRST-SERVED"
BASIS AT SUCH TIMES AS THE PARKING FACILITY IS OPERATING ON A VALET-ASSISTED
BASIS. LANDLORD RESERVES THE RIGHT TO ASSIGN SPECIFIC SPACES, AND TO RESERVE
SPACES FOR VISITORS, SMALL CARS, DISABLED PERSONS OR FOR OTHER TENANTS OR
GUESTS, AND TENANT SHALL NOT PARK AND SHALL NOT ALLOW TENANT'S PARTIES TO PARK
IN ANY SUCH ASSIGNED OR RESERVED SPACES.
TENANT MAY VALIDATE VISITOR PARKING BY
SUCH METHOD AS LANDLORD MAY APPROVE, AT THE VALIDATION RATE FROM TIME TO TIME
GENERALLY APPLICABLE TO VISITOR PARKING.
TENANT ACKNOWLEDGES THAT THE PARKING
FACILITY MAY BE TEMPORARILY CLOSED ENTIRELY FROM TIME TO TIME FOR NO LONGER THAN
SEVEN (7) CONSECUTIVE DAYS (OR PARTIALLY CLOSED FROM TIME TO TIME) IN ORDER TO
MAKE REPAIRS OR PERFORM MAINTENANCE SERVICES, OR TO ALTER, MODIFY, RE-STRIPE OR
RENOVATE THE PARKING FACILITY, OR IF REQUIRED BY CASUALTY, STRIKE, CONDEMNATION,
ACT OF GOD, GOVERNMENTAL LAW OR REQUIREMENT OR OTHER REASON BEYOND THE
OPERATOR'S REASONABLE CONTROL.
IN THE EVENT THAT THE PARKING FACILITY IS CLOSED
FOR THE FOREGOING REASONS AND (I) SUCH CLOSURE PREVENTS TENANT FROM PARKING IN
THE PARKING FACILITY FOR TWO (2) BUSINESS DAYS AND (II) NO ALTERNATIVE PARKING
IS PROVIDED WITHIN 1,000 FEET OF THE BUILDING, THEN LANDLORD SHALL PROVIDE
TENANT WITH A CREDIT FOR EACH SPACE WHICH IS SO UNAVAILABLE FOR THE NUMBER OF
DAYS TENANT HAS BEEN UNABLE TO PARK AT THE PARKING FACILITY.
(E)
TENANT ACKNOWLEDGES THAT EXCEPT TO THE
EXTENT CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD AND ITS
AGENTS, EMPLOYEES AND CONTRACTORS, TO THE FULLEST EXTENT PERMITTED BY LAW,
LANDLORD SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO PROPERTY OR OTHER ITEMS
LOCATED IN THE PARKING AREAS