Rules and Regulations
RULES AND REGULATIONS CONCERNING PASS HOLDER PARKING RIGHTS
1. Parking Rights. The purchase of a Parking Permit entitles the Pass Holder to park at the Facility conditioned on the timely payment of monthly parking fees and any additional charges that may be due. and compliance with these Rules and Regulations, as amended from time to time. The Pass Holder may cancel parking privileges as of the end of any given month on at least thirty (30) days prior written notice to Operator. Operator reserves the right to cancel parking privileges at any time, though Operator will endeavor to provide at least 30 days' prior written notice of cancellation except in the case of (i) circumstances beyond Operator's control, or (ii) the Pass Holder's failure to pay amounts when due or other violation of these Rules and Regulations.
2. Non-assignability. The Parking Right may not be transferred, assigned or resold.
3. Pass Holder Information Form. The Pass Holder must complete and deliver to Operator a "Pass Holder Information Form" (copy attached) before using parking privileges. If the information supplied should later change, or if Operator should modify the Pass Holder Information Form, the Pass Holder must promptly submit a new Pass Holder Information Form.
4. Monthly Parking Fees. Monthly parking fees are established by Operator and are subject to change (Operator will give Pass Holders as much advance notice of change as is practicable). Monthly parking fees cannot be prorated or otherwise adjusted for periods during which the Pass Holder does not use parking privileges. The monthly parking fee must be paid, by check or money order, prior to the lirst day of the month to which it applies. Operator reserves the right to assess a charge, which shall be due from the Pass Holder within 10 days from the date of assessment, for any ~heck that is not honored when presented for payment.
5. Pass Cards. A card or tag allowing continuous ingress and egress to the Garage ("Pass Card") will be issued upon the Pass Holder's submission of completed Pass Holder Information Form, and payment of the initial monthly parking fee. The Pass Card will allow one car to be parked in the Garage at any one time. The Pass Card is to be used only in accordance with these Rules and Regulations, and at all times remains the property of Operator.
6. Lost, Stolen or Damaged Pass Cards. Lost, stolen or damaged Pass Cards will be replaced promptly upon the Pass Holder's submission of a lost or stolen report form, and payment of the Pass Card replacement fee then in effect. In no event will Operator or the Garage be responsible for value lost or costs incurred, or for the inability of a Pass Holder to use the Garage, due to a lost, stolen, or damaged Pass Card, nor shall monthly parking fees be prorated or otherwise reduced by reason thereof.
7. Use of the Garage. Operator may establish and distribute operating rules relating to proper use of the Garage. A Pass Holder must comply with such operating rules, these Rules and Regulations and other applicable laws and regulations.
8. No Commercial Use. The Pass Card may be used only to pa(k a passenger car, van or light truck having a maximum height no greater than the maximum height posed and of such length and width such that it fits within a conventional parking space. The Garage may not be used for parking commercial vehicles or as a staging area for commercial transportation, delivery of other services, except with Operator's prior written consent.
9. No Storage, Abandonment. The Garage may not be used for storage of vehicles or other equipment. Any vehicle or equipment remaining in the Garage for more than thirty (30) calender days shall be deemed abandoned and may be removed from the Garage (Operator will endeavor, but is not required, to send notification lo the Pass Holder at the current billing address five (5) days before removal), in which event neither Operator nor the Garage owner shall have any liability to any person for loss or damage on account of such removal. All costs incurred in removing and storing any such abandoned vehicle or equipment shall be reimbursed by the Pass Holder upon being billed therefor by Operator.
10. Default. If the Pass Holder (i) fails to pay any monthly parking fee when due, (ii) fails to pay any additional charge imposed under these Rules and Regulations within ten (10) days after being billed therefor, or (iii) violates these Rules and Regulations in any other respect and fails to cure such violation within any cure period reasonably designated by Operator (it being understood that no cure period will be afforded in the case of repeated or egregious violations), Operator may immediately suspend the Parking Right and deactivate the Pass Card.
11. Interest on Late Payments. Interest shall accrue on all overdue and unpaid monthly parking fees and any additional imposed and unpaid charges (collectively, "Overdue Amounts"), commencing on the first day of the month in which payment thereof became due, at an annual rate of eighteen percent (18%) on the aggregate outstanding Monthly Parking Fees and any additional charges then owed to Operator.
12. No Liability of Operator or Garage Owner. Payment of the applicable monthly parking lee grants the Pass Holder a license to park only, and no bailment is intended or shall be deemed created. To the lullest extent permitted by law, neither Operator nor the Garage Owner, nor their respective officers, directors, beneficia·nes, agents, employees, successors and assigns, shall be responsible or liable to any 3Xtent'for (i) damage to or theft of any vehicle or its contents due to fire, collision, vandalism or any other cause, (ii) injuries or liabilities suffered by any person while using the Garage; or (iii\ any losses or other damages incurred by any party by reason of the party's inability to use the Garage.
13. Limitation of Liability. If the Pass Holder believes that damage occurred to his or her vehicle while parked in the Garage, the Pass Holder must show the damage to one of the attendants and fill out an "Incident Report" before leaving the Garage. In no event is eitner the Operator or uara\i" Owner responsible for: (i) loss of items or valuable left in vehicles (Pass Holders are not to leave the trunk key in the car, and should understand that Garage employees are not authorized to accept responsibility for, or to store, any items for parkers); (ii) non-standard equipment (e.g., special wheels, wire wheel covers, cellular car (or other portable phones, CB radios, antennas and/or stereos); (ii) mechanical damage or failure resulting from Garage services provided at no cost to the Pass Holder (M, battery charging, tire inflation); or (iv) any liability for damage to vehicles parked or retrieved by anyone other than a Garage employee.