M

Bex Park

Brandywine Realty Trust
Cira Centre
2929 Arch Street, Suite 1800
Philadelphia, PA 19104

Monthly Parking Agreement
Terms & Conditions

In consideration of the right to park the vehicle at one or more of the above Parking Garages/Lots (the “Parking Facility”), I (“Customer”) AGREE as follows:

 To pay my monthly fee each calendar month (which includes applicable parking tax), on the first day of every month. The monthly parking rate may be changed by bexPARK at its sole discretion upon thirty days’ notice to me. Failure to pay promptly may result in the termination of my monthly parking privileges. If payment is not received by the 5th of the month, I understand that my access to the garage will be suspended until such time payment is remitted. NO REFUNDS WILL BE MADE FOR UNUSED PORTIONS OF A MONTH.

I understand that a $25.00 charge will be required for each key card lost, stolen or damaged and that I must pay such charge before a replacement key card will be furnished for my use. Failure to use my key card to gain entry or exit to the garage will result in my being charged the regular hourly rates on a cash basis.

I understand that each key card allows me to park 1 vehicle in the Parking Facility and must be used to enter and exit the
Parking Facility at all times. If I attempt to park a second vehicle, I understand that vehicle is subject to the posted rates.

To the maximum extent permitted by law, BexPARK and its affiliates shall not be responsible or liable for loss or damage by reason of fire, theft, collision, water damage or any other cause to parked vehicles or contents, provided no willful act of BexPARK or its employees resulted in the loss or damages. This is a license; no bailment is created. Employees are not authorized to change or accept changes to the terms contained herein.

This Agreement shall be for a term of month-to-month. Either party may cancel this Agreement on thirty (30) days’ notice to the other party at any time, for any reason. If for any reason I decide to terminate this Agreement, I must return my monthly key card, at the applicable Customer Service address listed below. Failure to return my key card will result in a $25.00 charge. Delivery of the key card to an attendant shall not constitute valid notice of termination. Until thirty days after the Property Management Department receives my cancellation notice, my account will continue to be billed and I am responsible for all charges.

In consideration for payment I will have unlimited in-an-out privileges.

THERE ARE NO VACATION CREDITS. No deductions, refunds or allowances from the monthly rate will be made for days I do not use the location.

This Agreement is personal to me. I may not sell, assign, transfer or lend this Agreement or lend my key card.

In the event of a dispute with BexPARK, I agree to reimburse BexPARK for all court costs and reasonable attorney’s fees incurred by BexPARK if BexPARK is the prevailing party. I and BexPARK waive the right to trial by jury in the event of any dispute arising of this Agreement or my use of the Parking Facility.

BexPARK in its sole discretion, reserves the right to deny garage access to any vehicle other than the vehicle(s) listed in my account. In the event I change vehicles for any reason I agree that I will confirm the make, model, color, and license plate of the new vehicle with the Customer Service Department prior to parking the new vehicle in the Parking Facility. I am solely responsible for ensuring my vehicle meets the parking facility’s height and width guidelines.

I acknowledge that this Agreement does not permit long-term storage of any vehicle. bexPARK reserves the right to remove any vehicle at owners’ expense that is not kept in operable condition abiding by local, state and federal
regulations.I will abide by the Parking Facility rules and regulations (as may be amended by the Parking Facility owner from time to time) and the instructions of garage personnel and posted signage. I acknowledge that violation of any Parking Facility rules and regulations may result in suspension of parking privileges or removal of the vehicle from the Parking Facility

Privacy Policy. BexPARK respects the privacy of customers who have provided personal information in order to open monthly parking accounts. bexPARK’s privacy policy has been complied to better serve those who are concerned with how their personally identifiable information (“PII”) is being used. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. When registering for a parking space, you may be asked to provide your name, email address, mailing address, phone number, credit card information or other details to help BexPARK provide parking services. BexPARK does not sell any PII to third parties. BexPARK will only share information we collect to companies that perform services on our behalf for the purposes of fulfilling this Agreement (for example, a credit processing center), to companies for which BexPARK provides parking management services (for example, owners of office buildings), to companies working with BexPARK under joint marketing agreements, or as otherwise permitted by law. BexPARK is subject to Federal and State statutory requirements and may amend its privacy policy at any time without notice.

 

This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as herein contained. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

 

Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

 

Governing Law. This Agreement shall be governed in all aspects by the laws of the state in which the Parking Facility is located. The parties hereby irrevocably consent to the jurisdiction of the state courts or the federal courts where the Property is located for any actions, suits or proceedings arising out of or relating to this Agreement.

 

No Waiver. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver Agreement.

By accepting (with or without your signature) a parking key card, you have accepted the Parking Facility rules and regulations mentioned above and the terms of this Agreement.