Common use of RETAIN APPROPRIATE Clause in Contracts

RETAIN APPROPRIATE. CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES IS LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. The Parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: Anaheim, Ca Executed at: Anaheim, Ca on: 12-28-98 on: 12-28-98 by LESSOR: by LESSEE: Ae Sil Park Dippy Foods, Inc. ------------ By: /s/ Ae Sil Park By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇▇ Name Printed: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Name Printed: Ae Sil Park Title: President/CEO Title: PRESIDENT By: By: Name Printed: Ae Sil Park Name Printed: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Owner Title: President Address: ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇, ▇▇ ▇▇▇▇▇ Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: ( ) Facsimile: ( ) Federal ID No. Federal ID No. CP3\RV4465\al NOTE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, ▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. (213) ▇▇▇-▇▇▇▇. Fax No. (▇▇▇) ▇▇▇-▇▇▇▇ ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS BETWEEN AE SIL PARK AND DIPPY FOODS, INC. DATED DECEMBER 16, 1998

RETAIN APPROPRIATE. CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES IS FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. ________________________________________________________________________________ The Parties parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: AnaheimPasadena, Ca California Executed at: AnaheimMission Viejo, Ca California on: 12-28-98 5/5/97 on: 12-28-98 by 5/2/97 By LESSOR: by LESSEE: Ae Sil Park Dippy Foods, Inc. ------------ By: /s/ Ae Sil Park By: /s/ By LESSEE HOFF▇▇▇ ▇▇▇OCIATES NO. 5, MASIMO CORPORATION, a California limited partnership a Delaware corporation By: Hoff▇▇▇ ▇▇▇ociates, Inc. By:____________________________________ General Partner Name Printed:__________________________ _________________________________ Title:_________________________________ By: /s/ JAME▇ ▇. ▇▇▇▇ By: /s/ BRAD▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇e Printed: Jame▇ ▇. ▇▇▇▇ Name Printed: Brad▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name Printed: Ae Sil Park Title: President/CEO Title: PRESIDENT By: By: Name Printed: Ae Sil Park Name Printed: ▇▇▇ ▇▇▇▇le: President Title: Vice President, Finance - CFO Address: 225 ▇▇▇▇▇ Title: Owner Title: President Address: ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Address: 23361 Made▇▇, ▇▇e. 100 Suite 1150 Mission Viejo, CA 92691 Pasa▇▇▇▇, ▇▇ ▇▇▇▇▇ Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephoneephone: (▇▇▇818) ▇▇▇-▇▇▇▇ Telephone: (714) ▇▇▇-▇▇▇▇ ▇▇▇simile: (818) ▇▇▇-▇▇▇▇ Facsimile: ( (714) Facsimile: ( ) ▇▇▇-▇▇▇▇ ▇▇▇eral ID No. 95-3▇▇▇▇▇▇ Federal ID No. Federal ID No. CP3\RV4465\al NOTE33-0▇▇▇▇▇▇ ▇▇TE: These forms are often modified to meet the changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, ▇▇▇ 700 ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. (▇13) 687-▇▇▇▇. ▇▇x No. (213) ▇▇▇-▇▇▇▇ PAGE 12 13 ADDENDUM TO LEASE DATED APRIL 25, 1997, BETWEEN HOFF▇. Fax No. (▇▇ ▇▇▇) ▇▇▇-▇▇▇▇ ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS BETWEEN AE SIL PARK OCIATES NO. 5, LESSOR, AND DIPPY FOODSMASIMO CORPORATION, INCLESSEE The following paragraphs are hereby incorporated by reference into the Lease and made a part thereof, as though fully set forth therein. DATED DECEMBER 16To the extent any of the paragraphs of this Addendum conflict with any preprinted portions of the Lease, 1998these typed paragraphs of tile Addendum shall control.

RETAIN APPROPRIATE. CONSULTANTS TO CONSULTANTSTO REVIEW AND INVESTIGATE THE INVESTIGATETHE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: LIMITEDTO:THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES IS FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. TPF: April 29,2002 INITIALS: /s/ ML /s/ JK /s/ DK /s/ CG ------------- ------------- The Parties parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. LESSEE: Executed at: Anaheim, Ca Executed at: Anaheim, Ca on: 12-28-98 on: 12-28-98 by LESSOR: by LESSEE: Ae Sil Park Dippy Foods, Inc. ------------ By: /s/ Ae Sil Park By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇▇ Name Printed: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Name Printed: Ae Sil Park Title: President/CEO Title: PRESIDENT By: By: Name Printed: Ae Sil Park Name Printed: ▇▇▇ ▇▇▇▇▇▇▇▇▇ Title: Owner Title: President Address: ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇, ▇▇ ▇▇▇▇▇ Address: ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Facsimile: ( ) Facsimile: ( ) Federal ID No. Federal ID No. CP3\RV4465\al NOTE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, ▇▇▇ ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Date: April 29, 2002 DIGITAL THEATER SYSTEMS, INC., a Delaware Corporation By: /s/ ▇▇▇ ▇▇▇▇▇. (213) ▇▇▇ ----------------- Name Printed: ▇-▇▇ ▇▇▇▇. Fax No. (▇▇▇) ▇▇▇-▇▇▇▇ ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS BETWEEN AE SIL PARK AND DIPPY FOODSTitle: President & Chief Executive Officer LESSEE: Executed at: ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Date: 4/29/02 DIGITAL THEATER SYSTEMS, INC. DATED DECEMBER 16., 1998a Delaware Corporation By: /s/ ▇▇▇ ▇▇▇▇▇▇▇▇ ----------------- Name Printed: ▇▇▇ ▇▇▇▇▇▇▇▇ Title: Vice President & Chief Financial Officer LESSOR: