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<br />Sycamore, then Sycamore shall, within thirty (30) days of receipt of written notice by the <br />Agency designate an additional ten (10) parking spaces on the third floor of the parking garage <br />immediately adjacent to the YMCA Building as dedicated parking spaces for the remainder of <br />the term of the Lease; provided, however, the total number of parking spaces leased to the <br />Agency shall remain at 150. For each occurrence thereafter, the following remedy shall apply <br />(in each case the parking spaces shall be the closest to the YMCA parking spaces): <br /> <br />2nd Occurrence: <br />3rd Occurrence: <br />4th Occurrence: <br />5th Occurrence: <br />6th occurrence: <br />7th Occurrence: <br />8th Occurrence: <br />9th Occurrence: <br />lOth Occurrence: <br /> <br />10 additional dedicated parking spaces on third floor <br />10 additional dedicated parking spaces on third floor <br />10 additional dedicated parking spaces on third floor <br />10 additional dedicated parking spaces on fourth floor <br />10 additional dedicated parking spaces on fourth floor <br />10 additional dedicated parking spaces on fourth floor <br />10 additional dedicated parking spaces on fifth floor <br />10 additional dedicated parking spaces on fifth floor <br />10 additional dedicated parking spaces on fifth floor <br /> <br />LIQUIDATED DAMAGES CLAUSE. SYCAMORE PARKING CONCEPTS, INC. <br />AND AGENCY AGREE THAT FOR EVERY DAY THAT SYCAMORE PARKING <br />CONCEPTS FAILS TO DESIGNATE OR MAINTAIN THESE ADDITIONAL DESIGNATED <br />PARKING SPACES IN THE FIRST AND SECOND FLOOR OF THE PARKING GARAGE, <br />THE DAMAGES TO THE AGENCY WOULD BE EXTREMELY DIFFICULT AND <br />IMPRACTICABLE TO ASCERTAIN, AND THAT THEREFORE, THE SUM OF ONE <br />HUNDRED FIFTY DOLLARS ($150.00) PER DAY IS A REASONABLE ESTIMATE OF <br />THE DAMAGES TO THE AGENCY, SUCH DAMAGES INCLUDING COSTS OF <br />NEGOTIATING AND DRAFTING OF THIS AGREEMENT, THE LAND USE <br />ENTITLEMENTS AND THE SALE OF PARCEL A AND PARCEL B; COSTS .OF <br />COOPERATING IN SATISFYING CONDITIONS TO CLOSING; AND OTHER COSTS <br />INCURRED IN CONNECTION HEREWITH. ACCORDINGLY, SYCAMORE PARKING <br />CONCEPTS AGREES THAT UPON SYCAMORE PARKING CONCEPTS' RECEIPT OF <br />NOTICE OF SUCH DEFAULT- FROM AGENCY PURSUANT TO SECTION 501(F), <br />WHICH NOTICE SHALL SPECIFY THE DEFAULT, AND FAILURE BY SYCAMORE <br />PARKING CONCEPTS TO CURE SAID DEFAULT WITHIN FIFTEEN (15) DAYS AFTER <br />RECEIPT OF SUCH NOTICE; THE AGENCY SHALL BE ENTITLED TO WITHHOLD ONE. <br />HUNDRED FIFTY DOLLARS ($150.00) PER DAY FROM THE SUBSEQUENT MONTH'S <br />RENTAL PAYMENT DUE SYCAMORE PARKING CONCEPTS SO LONG FOR EACH <br />DAY THAT THIS DEFAULT CONTINUES, AS AGENCY'S SOLE REMEDY IN THE <br />EVENT OF ANY SUCH MA TERlAL BREACH OR DEFAULT BY SYCAMORE.PARK!NG <br />.. <br />CONCEPTS HEREUNpER .. .. <br /> <br />Agency's Initials: ~ Sycamore's Initials: . ".. <br /> <br />Thereafter, for each additional five (5) complaints received by the Agency, these <br />provisions in subsection c. shall be repeated as though it were the first time, until all 150 spaces <br /> <br />3 <br />