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"Parking Agreement" shall mean a certain agreement to be entered into by the City of Redwood City and Landlord, in furtherance of the Development Agreement, which shall , incorporate the matters specified on Exhibit C attached hereto and which shall be subject to approval by Tenant pursuant to Section 2.3(d) below. "Parking Facility" shall mean (x) the. multi-level/surface parking garage or structure to be constructed on Block Two, in the location designated as "Parking" on Exhibit A-I, and/or (y) the multi-level/surface parking garage or structure presently existing or to be constructed adjacent to the Redwood City Hall, in the location designated as "Parking" on Exhibit A-I, and/or (z) subject to the reasonable approval of Tenant as to location, configuration and access, in other location(s) that are not more than 800 feet away from the main pedestrian entrance to the Center. Landlord shall cause the City to construct the Parking Facility in accordance with the requirements of this Lease and the Parking Agreement, and to open and commence operation of the Parking Facility as contemplated hereunder, not later than thirty (30) days pdor to the " Commencement Date. Commencing not later than thirty (30) days prior to the Commencement Date and at all times thereafter during the Term, the Parking Facility shall contain not less than the Minimum Parking Spaces described in· Section 1.1 above and shall be open, operated, maintained and available for use by Tenant (and Tenant's patrons) as contemplated hereunder and Under the Parking Agreement. The Parking Facility shall not mean or apply to any parking spaces located on public streets whether metered or otherwise. All of the parking spaces within the Parking Facility shall be available to the public generally, or only to the patrons and visitors of the Center (including Tenant's patrons), but in either case on a first-come, first-served, non-exclusive and unreserved basis, without time limitation, subject only to the requirements of Section 12.3 below. The Parking Facility (and convenient pedestrian access thereto from the Premises) shall be open and operated (including lighting and security) seven (7) days per week, every week of the year (including holidays), for at least the hours commencing two (2) hours before Tenant's opening and ending two (2) hours after Tenant's closing each day. No charge or fee shall be assessed by Landlord, the City or the operator of the Parking Facility for. the use thereof by Tenant's patrons; and if a charge or fee is imposed upon the general public for the use of the Parking Facility, Landlord, the City or the operator of the Parking Facility shall adopt and implement a convenient parking ticket validation system or other convenient system approved by Landlord and Tenant exempting Tenant's patrons from such charge or fee. Notwithstanding anything to the contrary, Tenant, in its sole and absolute discretion, may institute and collect a fee (and/or contract with an outside service) for valet parking ofthe vehicles of Tenant's patrons, and Landlord shall cooperate with such service, including designating a curbside drop-off area for the valet service. If, pursuant to Governmental Requirements that are first enacted or imposed after the commencement of Tenant's Work Period or that apply as a consequence of enlargements or changes in use of the Center (other than the Premises) after the commencement of Tenant's Work Period, Tenant is prohibited from operating all or any portion of the Building as a movie theater as contemplated hereunder as a consequence of a deficiency in the number of parking spaces in the Parking Facility, then, unless and until Landlord satisfies such parking deficiency, Tenant (at its option) shall have the right (i) to terminate this Lease upon notice thereof to Landlord, (ii) to an abatement of Base Rent otherwise payable hereunder in the same proportion as the number of theater seats within the Building that are affected by such prohibition bears to the total number of theater seats within the Building, andlor (iii) to procure " 10 CHG02:3091375.v8 . --....~..