![]() Landlord may delegate its responsibilities hereunder to a parking operator (the “Parking Operator”) in which case the Parking Operator shall have all the rights of control attributed hereby to Landlord. Landlord (and/or any other owners of Torrey Ridge Science Center) specifically reserve the right to change the size, configuration, design, layout, location and all other aspects of the Parking Facility (including without limitation, implementing paid visitor parking), and Tenant acknowledges and agrees that Landlord may, without incurring any liability to Tenant and without any abatement of Rent under this Lease, from time to time, close-off or restrict access to the Parking Facility. Tenant’s continued right to use the parking spaces is conditioned upon (i) Tenant abiding by (A) the Parking Rules and Regulations which are in effect on the date hereof, as set forth in the attached Exhibit D and all modifications and additions thereto which are prescribed from time to time for the orderly operation and use of the Parking Facility by Landlord, and/or Landlord’s Parking Operator (as defined below), and (B) all recorded covenants, conditions and restrictions affecting the Building, and (ii) upon Tenant’s cooperation in seeing that Tenant’s employees and visitors also comply with the Parking Rules and Regulations (and all such modifications and additions thereto, as the case may be), any such other rules and regulations and covenants, conditions and restrictions. Parking Throughout the Lease Term, Tenant shall have the right to use, on a “first-come, first-serve” basis, in common with other tenants of the Building and free of parking charges, the number of unreserved parking spaces set forth in Section 12 of the Summary, which unreserved parking spaces are located in the subterranean Parking Facility and the surface parking lot serving the Building as shall be designated by Landlord from time to time for unreserved parking for the tenants of the Building provided, however, that Tenant, at Tenant’s sole cost and expense, shall have the right to designate (i) up to six (6) of Tenant’s unreserved parking spaces as reserved parking spaces, the location of which reserved parking spaces shall be in the surface parking lot in an area next to the backside of the common area lobby near the entry to the Premises, with the exact location to be mutually agreed upon by Landlord and Tenant, and (ii) up to twenty-nine (29) of Tenant’s unreserved parking spaces as reserved parking spaces, the location of which reserved parking spaces shall be in the subterranean Parking Facility (within the exact location to be determined by Landlord after consultation with Tenant). Premises Building Project and Common Areas.With respect to the Pedestrian Overpasses, the parties agree as follows: Seller and the County entered into the AOL/County Agreement to set forth the obligations of each party with respect to the Pedestrian Overpasses for so long as they exist, to provide assurances with regard to such obligations and to induce the County to enter into that certain “County/ State Agreement for Inspection and Maintenance of County Controlled Grade Separation Structures” dated Ap(the “County/State Maintenance Agreement”) between the County and the Virginia Department of Transportation (the “Department”) so that the Department will accept Pacific Boulevard as part of the Secondary System of State Highways. Seller is currently a party to that certain “ Agreement for Maintenance of a Pedestrian Overpass within the Public Right of Way” dated Octo(the “ AOL/ County Agreement”) between Seller and the Board of Supervisors of Loudoun County, Virginia (the “County”). Pedestrian Overpasses. Located on or adjacent to portions of the Property are the following structures: (a) the pedestrian overpass (the “CC1/CC3 Overpass”) between the property located at 22070 Broderick Drive (“CC1”) and the property located at 22110 Pacific Boulevard (“CC3”), and (b) the pedestrian overpass (the “CC4/CC6 Overpass”) between the property located at 22260 Pacific Boulevard (“CC4”) and the property located at 22265 Pacific Boulevard (“CC6”) ( collectively, the “Pedestrian Overpasses”).
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