ACCORDANCE WITH A SEPARATE AGREEMENT BETWEEN LANDLORD
AND THE APPLICABLE BROKER.
32.
INTENTIONALLY DELETED.
38
33.
PARKING. TENANT IS ENTITLED TO USE THE NUMBER OF COVERED RESERVED
PARKING SPACES SPECIFIED IN THE BASIC LEASE INFORMATION. LANDLORD WILL EITHER
DESIGNATE SUCH SPACES AS RESERVED SPACES OR WILL MARK TENANT'S NAME THEREON, AND
LANDLORD WILL NOT GRANT ANY OTHER TENANT THE RIGHT TO USE SUCH SPACES; PROVIDED,
HOWEVER, THAT LANDLORD WILL HAVE NO OBLIGATION TO PREVENT UNAUTHORIZED PERSONS
FROM USING SUCH COVERED RESERVED PARKING SPACES. DURING THE INITIAL TERM, TENANT
WILL PAY TO LANDLORD, CONCURRENTLY WITH EACH PAYMENT OF BASE RENT, A FEE OF
$35.00 PER MONTH FOR EACH COVERED RESERVED PARKING SPACE. UPON THE EXPIRATION OF
THE INITIAL TERM, THE FEE FOR THE COVERED RESERVED PARKING SPACES WILL BE
ADJUSTED FROM TIME TO TIME BY LANDLORD TO AN AMOUNT EQUAL TO LANDLORD'S
THEN-STANDARD FEE FOR COVERED RESERVED PARKING SPACES AT THE PROPERTY, PROVIDED
THAT SUCH FEE WILL NOT INCREASE AT A RATE OF MORE THAN THREE PERCENT (3%) PER
YEAR, COMPOUNDED ANNUALLY, OVER THE $35.00 PER MONTH PER COVERED RESERVED
PARKING SPACE FEE INITIALLY CHARGED HEREUNDER AND PROVIDED FURTHER THAT SUCH CAP
IS CUMULATIVE. TENANT IS ALSO ENTITLED TO USE, ON A NON-EXCLUSIVE BASIS, THOSE
PARKING SPACES WITHIN THE PROPERTY THAT ARE MADE AVAILABLE BY LANDLORD FOR THE
COMMON USE OF THE TENANTS OF THE PROPERTY ("UNRESERVED PARKING SPACES").
LANDLORD WILL DESIGNATE THE INITIAL LOCATIONS OF THE COVERED RESERVED PARKING
SPACES AND THE UNRESERVED PARKING SPACES, AND LANDLORD RESERVES THE RIGHT TO
DESIGNATE AND REDESIGNATE SUCH LOCATIONS AND TO GRANT OTHER PARTIES THE
EXCLUSIVE RIGHT TO USE PARKING SPACES AT THE PROPERTY. THE USE OF COVERED
RESERVED PARKING SPACES AND UNRESERVED PARKING SPACES BY TENANT AND ITS
REPRESENTATIVES AND VISITORS SHALL BE EQUAL TO FIVE (5) SPACES FOR EACH 1,000
RENTABLE SQUARE FEET OF SPACE IN THE PREMISES. TENANT AGREES NOT TO USE, NOR
PERMIT THE USE BY ITS EMPLOYEES, REPRESENTATIVES, OR VISITORS OF, THE DRIVEWAYS
OR PARKING LOT FOR OVERNIGHT OR OTHER STORAGE, OR FOR THE MAINTENANCE, REPAIR OR
CLEANING OF AUTOMOBILES OR OTHER VEHICLES. TENANT SHALL NOT PLACE OR STORE
GOODS, MATERIALS, SUPPLIES, EQUIPMENT, OR OTHER PROPERTY OF TENANT IN THE
DRIVEWAYS OR PARKING LOT OR ANYWHERE ELSE IN THE PROPERTY OR IN THE BUILDING,
EXCEPTING THE PREMISES. LANDLORD IS NOT RESPONSIBLE FOR ANY THEFT, LOSS OR
DAMAGE WITH RESPECT TO VEHICLES AT THE PROPERTY OR THE CONTENTS THEREOF.
34.
ENTIRE AGREEMENT. THIS LEASE, INCLUDING THE EXHIBITS AND ANY
ADDENDA ATTACHED HERETO, AND THE DOCUMENTS REFERRED TO HEREIN, IF ANY,
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN LANDLORD AND TENANT WITH RESPECT TO THE
LEASING OF SPACE BY TENANT IN THE BUILDING, AND SUPERSEDE ALL PRIOR OR
CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS, PROPOSALS AND OTHER REPRESENTATIONS
BY OR BETWEEN LANDLORD AND TENANT, WHETHER WRITTEN OR ORAL, ALL OF WHICH ARE
MERGED HEREIN. NEITHER LANDLORD NOR LANDLORD'S AGENTS HAVE MADE ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PREMISES, THE BUILDING, THE
PROJECT OR THIS LEASE EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND