no desigated/assigned/reserved parking for tenant

I think the "guaranteed" language creates an ambiguity here that might be opposite of the credit intent. Assume this is a stand-alone office building with it's own parking lot on private property: the number of spaces provided is likely to be addressed by zoning. If the building provides parking, but doesn't guarantee it for any of the tenants, the parking is still "provided" and should be limited in keeping with the credit requirements. Say a site is zoned for minimum of 100 spaces for a building of this size, but 125 spaces are provided. If the tenant occupies 76% (Case 2) of the building, I would think this credit would not be earned because the parking "capacity" exceeds minimum zoning, whether the spaces are guaranteed or not. If the tenant occupies 74% of the building (Case 1), it seems the same rules should apply. That's my interpretation, though I'm curious to see how others would view this.

Kathy, sorry for the late reply but regarding your second paragraph, I would assume that your facts (of occupying less than 75% of the building space) would automatically slot you into Case 1 and Case 2 options would not be applicable in your case even if you may qualify under their stipulations. Does anyone disagree or has actually applied differently from my assumption?