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<br />premium of 50% of the established monthly rate for non-dedicated parking spaces. <br />During the term of the License of any extension thereto, City reserves the right to adjust <br />the rates for the monthly or annual rates at the City's sole discretion to the same extent as <br />the City adjusts rates for members of the general public. A late charge of ten percent <br />(10%) shall be applied after any payment hereunder is due but unpaid by the 5th of each <br />month. In addition, one and a half percent (1 Y2%) interest per month shall be added for <br />each month that payment hereunder is due but unpaid. If after any ninety (90) day period <br />the fees, late charge, and/or interest remain due but unpaid on any space(s), the <br />Developer shall have ten (10) days, after City provides notice as specified in section 11, <br />paragraph b hereinbelow, to cure the default. If the Developer fails to cure the default, <br />any and all rights provided with this Agreement related to any parking space(s) in default <br />shall be terminated and the City shall be relieved of any and all obligations relating to <br />those spaces. <br /> <br />4. Use. The parking spaces in the Parking Garage shall be used exclusively for the <br />purpose as parking for motor vehicles of Developer's employees, and may not be <br />otherwise sublet, sold or assigned. The City, at its sole discretion, may need to close off <br />or alter the number of available spaces within the parking structure for the purposes of <br />performing maintenance, construction and/or repairs. The City will provide Developer <br />with thirty (30) days notice, except in the case of emergency activities, when said <br />maintenance, construction and/or repair activities will impact the ability for the City to <br />provide the Developer with the parking spaces specified in Section I of this Agreement. <br />If the City cannot provide the parking spaces within the parking structure, the City may at <br />its sole discretion, provide parking spaces at another City owned parking structure at the <br />same monthly rate or abate the license fee prorated by the number of days and the <br />number of spaces impacted by said maintenance, construction and/or repair activities. <br /> <br />5. Rules and Regulations. The Developer shall faithfully observe and comply with <br />the rules and regulations that City shall from time to time promulgate on the use of the <br />Parking Garage. At a minimum, Developer must agree to abide by the terms of the City's <br />standard "no bailment" release. City reserves the right from time to time to make all <br />reasonable modifications to said rules. The additions and modifications to those rules <br />shall be binding upon Developer upon delivery of a copy to Developer. City shall not be <br />responsible to Developer for the nonperformance of any said rules by any other <br />occupants. The City will provide the Developer with a thirty (30) day written notice to <br />cure any of Developer's failure to comply with the provided rules and regulations. Any <br />failure of Developer's parking space occupant(s) to comply with the provided rules and <br />regulation will subject said occupant(s), at City's sole discretion, to expulsion from the <br />parking facility. If Developer fails to cure the occupant(s) behavior to comply with the <br />rules and regulations within the thirty (30) day period, the City, at its sole discretion, may <br />permanently expel occupant from access to the parking facility. <br /> <br />6. Indemnitv and Developer's Liability. City shall defend, indemnify and hold <br />harmless Developer from and against any and all claims, liability, losses, damage, causes <br />of action, expenses and costs (including, but not limited to, reasonable professional fees <br />and costs), arising out of or in connection with this License to the extent caused by the <br /> <br />3 <br />