Common use of CC&Rs Clause in Contracts

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the Project. Additionally, Tenant acknowledges that it is anticipated that the Project will be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional future covenants, conditions and restrictions (collectively, the "CC&RS") which Landlord deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premises, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Lease (Diversa Corp)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the ProjectProject (the “Current CC&Rs”) on the date of this Lease. Additionally, Tenant acknowledges that it is anticipated that the Project will may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions conditions, and restrictions and/or amendments to the Current CC&Rs (collectivelyin any such event, the "CC&RS"“Future CC&Rs”) which Landlord deems are commercially reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit for the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment development of the PremisesProject, and Tenant agrees that this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectively, the “CC&Rs”). Notwithstanding anything herein to the contrary, Tenant shall have the right to approve Future CC&R’s if Tenant is the only tenant of the Building and no uncured default by Tenant then exists, such approval not to be unreasonably withheld, conditioned or delayed. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen ten (1510) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and RestrictionRestrictions," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F and made a part hereof for all purposes, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Office Lease (Arthrocare Corp)

CC&Rs. Tenant shall comply with all recorded continues to acknowledge and agree that the Project is subject to those certain covenants, conditions, and ----- restrictions currently affecting contained within that certain Agreement Between Landowners Including Covenants, Conditions and Restrictions and Grants of Easements for Carmel Center and Including Amendment and Restatement of Former Declaration and Termination of Prior Grants of Easements, recorded March 25, 2002 (the Project“Amended CC&R’s”), including the Site Plan attached thereto as Exhibit A, and the Carmel Center Parking Management Plan attached thereto as Exhibit D (the “CC&R’s Parking Plan”). AdditionallyIn addition, Tenant acknowledges that it is anticipated that the Project will may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions and restrictions (collectively, the "CC&RS"“Future CC&R’s”) which Landlord Landlord, in Landlord’s discretion, deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesor desirable, and Tenant agrees that this Lease the Lease, as hereby amended, shall be subject and subordinate to such CC&RsFuture CC&R’s. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F, agreeing to and ----------- acknowledging the CC&RsFuture CC&R’s.

Appears in 1 contract

Sources: Office Lease and Settlement Agreement (Peregrine Systems Inc)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the Project. Additionally, Tenant acknowledges that it is anticipated that the Project will may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions conditions, and restrictions (collectively, the "CC&RSCC&Rs") which Landlord Landlord, in Landlord's discretion, deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesor desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F, agreeing to and ----------- acknowledging the CC&Rs. Notwithstanding anything to the contrary herein, Tenant shall only be required to abide by, and have this Lease subject to, any such future CC&Rs to the extent such future CC&Rs do not (i) adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's use of the Premises for the Permitted Use, or (iii) increase Tenant's monetary obligations under this Lease, in more than a de minimis manner.

Appears in 1 contract

Sources: Office Lease (Retrophin, Inc.)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the ProjectProject (the "Current CC&Rs"). Additionally, Tenant acknowledges that it is anticipated that the Project will may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions conditions, and restrictions and/or amendments to the Current CC&Rs (collectivelyin any such event, the "CC&RSFuture CC&Rs") which Landlord Landlord, in Landlord's discretion, deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesor desirable, and Tenant agrees that this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectively, the "CC&Rs"), provided such Future CC&Rs do not materially and adversely affect Tenant's permitted use of the Premises or access to the Premises. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen ten (1510) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Office Lease (Netgear, Inc)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, ----- and ----- restrictions currently affecting the Project. Additionally, Tenant acknowledges that it is anticipated that the Project will be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well ----------- as additional future covenants, conditions and restrictions (collectively, the "CC&RS") which Landlord deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premises, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Lease (Diversa Corp)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the Project. Additionally, Tenant acknowledges that it is anticipated that the Project will ./ -/// -23- ▇▇▇▇▇▇ REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions conditions, and restrictions (collectively, the "CC&RSCC&Rs") which Landlord Landlord, in Landlord's discretion, deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesor desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, any such future CC&Rs shall not (i) materially and adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's use of the Premises for the Permitted Use, or (iii) materially increase Tenant's monetary obligations under this Lease (i.e., other than in a de minimis manner). Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the ProjectProject (the “Current CC&Rs”). Additionally, Tenant acknowledges that it is anticipated that the Project will may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions conditions, and restrictions and/or amendments to the Current CC&Rs (collectivelyin any such event, the "CC&RS"“Future CC&Rs”) which Landlord Landlord, in Landlord’s discretion, deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesor desirable, and Tenant agrees that this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectively, the “CC&Rs”), provided such Future CC&Rs do not materially and adversely affect Tenant’s permitted use of the Premises or access to the Premises. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen ten (1510) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the Project. Additionally, Tenant acknowledges that it is anticipated that the Project will be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento GatewayRim Business Park," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional future covenants, conditions and restrictions F-1 (collectively, the "CC&RS") which Landlord deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesdesirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2, agreeing to and ----------- acknowledging the CC&Rs or any amendment, modification or replacement of such CC&Rs; provided, however, that no changes are made to the substantially complete CC&Rs attached hereto (whether in such CC&Rs or such amendment, modification or replacement thereof), which have a material negative impact on the Project, Premises or Tenant's permitted use, occupancy and enjoyment thereof or Tenant's rights under this Lease.

Appears in 1 contract

Sources: Office Lease (Newgen Results Corp)

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the Project. Additionally, Tenant acknowledges that it is anticipated that the Project will ./ -/// -23- K▇▇▇▇▇ R▇▇▇▇▇, L.P. [ACADIA Pharmaceuticals Inc.] may be subject to that certain "Declaration of Covenants, Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may ----------- be subject to amendments and modifications thereto as well as additional any future covenants, conditions conditions, and restrictions (collectively, the "CC&RS"“CC&Rs”) which Landlord Landlord, in Landlord’s discretion, deems reasonably necessary and/or desirable (provided, however, such amendments and/or modifications do not prohibit the Permitted Use in the Project and do not materially adversely interfere with Tenant's use and enjoyment of the Premisesor desirable, and Tenant T▇▇▇▇▇ agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, any such future CC&Rs shall not (i) materially and adversely affect Tenant’s rights under this Lease, (ii) adversely affect Tenant’s use of the Premises for the Permitted Use, or (iii) materially increase Tenant’s monetary obligations under this Lease (i.e., other than in a de minimis manner). Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a "Recognition of Covenants, Conditions, and Restriction," in a form substantially similar to that attached hereto as EXHIBIT F-2Exhibit F, agreeing to and ----------- acknowledging the CC&Rs.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)