Common use of SDN LIST Clause in Contracts

SDN LIST. Tenant hereby represents and warrants that, to the best of its knowledge as of the date of this Lease, neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, “Tenant Parties”) is listed as a Specially Designated National and Blocked Person (“SDN”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, BOOT BARN, INC., a Delaware limited liability company a Delaware corporation By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By /s/ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, President, Office Properties Chairman of the Board By /s/ ▇▇▇▇▇▇ ▇. Case By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Case ▇▇▇▇▇▇▇ ▇▇▇▇▇, Executive Vice President Office Properties Chief Executive Officer (a) From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the operation of the Building and the Project. The term “Tenant’s Share” means 100% of the Operating Expenses reasonably determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some .of the buildings in the Project rather than any specific building. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be additional rent payable by Tenant, in full, provided, however, that Landlord may elect to include such full amount as part of Tenant’s Share of Operating Expenses.

SDN LIST. Landlord and Tenant hereby represents represent and warrants that, to the best warrant that neither Landlord or Tenant or any of its knowledge as of the date of this Leaserespective officers, neither Tenant nor any officerdirectors, directorpartners, employee, partner, member members or other principal principals of Tenant (collectively, “Tenant Parties”) is listed as a Specially Designated National national and Blocked Person (“SDN”) on the list of such persons and entities entitles issued by the U.S. Treasury Office of Foreign Assets Control (“OFAC”). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, BOOT BARN, INC., a Delaware limited liability company a Delaware corporation By By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Vice President, Leasing Office Properties By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By /s/ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, Senior Vice President, Operations Office Properties Chairman of the Board By /s/ ▇▇▇▇▇▇ ▇. Case By AXONICS MODULATION TECHNOLOGIES, INC., a Delaware corporation By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Printed Name: ▇▇▇▇▇▇▇ ▇. Case ▇▇▇▇▇ Title: Chief Executive Officer By: /s/ ▇▇▇ ▇. ▇▇▇▇▇▇ Printed Name: ▇▇▇ ▇. ▇▇▇▇▇, Executive Vice President Office Properties ▇ Title: Chief Executive Operating & Financial Officer (a) From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the operation of the Building and the Project. The term “Tenant’s Share” means 100% of the Operating Expenses reasonably determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some .of of the buildings in the Project rather than any specific building. Landlord reserves the right to allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be additional rent payable by Tenant, in full, provided, however, that Landlord may elect to include such full amount as part of Tenant’s Share of Operating Expenses.

SDN LIST. Tenant hereby represents and warrants that, to the best of its knowledge as of the date of this Lease, that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, “Tenant Parties”) is listed as a Specially Designated National and Blocked Person (“SDN”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant Landlord hereby represents and warrants that neither Landlord nor any officer, director, employee, partner, member or any Tenant Party other principal of Landlord (collectively, “Landlord Parties”) is or becomes listed as an SDN, Tenant shall be deemed in breach a SDN on the list of this Lease such persons and Landlord shall have entities issued by the right to terminate this Lease immediately upon written notice to TenantOFAC. THE IRVINE COMPANY LLC, BOOT BARNLLC LOMBARD MEDICAL TECHNOLOGIES, INC., a Delaware limited liability company a Delaware California corporation By /s/ ▇By ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By /s/ ▇▇▇▇▇ ▇▇▇▇▇ Case Printed Name ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇ EVP Office Properties Title Chief Financial Officer By By ▇▇▇▇▇ ▇▇▇▇▇, President, Office Properties Chairman of the Board By /s/ ▇▇▇▇▇▇ ▇. Case By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Case Printed Name ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Vice President, Executive Vice President Operations Office Properties Chief Executive OfficerTitle President North America (a) From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the operation of the Building and the Project. The term “Tenant’s Share” means 100% of the Operating Expenses reasonably determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Building, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some .of of the buildings in the Project rather than any specific building. Landlord reserves the right to allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be additional rent payable by Tenant, in full, provided, however, that Landlord may elect to include such full amount as part of Tenant’s Share of Operating Expenses.

SDN LIST. Tenant hereby represents and warrants that, to the best of its knowledge as of the date of this Lease, that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, “Tenant Parties”) is listed as a Specially Designated National and Blocked Person (“SDN”) on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, BOOT BARN, INC▇▇▇▇▇▇▇-▇▇▇.▇▇▇, a Delaware limited liability company a Delaware California corporation By /s/ ▇▇▇ ▇▇▇▇▇ By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ President Printed Name ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ Title CFO By /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By /s/ ▇▇▇▇ ▇▇ . ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, President, Office Properties Chairman of the Board By /s/ ▇▇President Printed Name ▇▇▇▇ ▇. Case By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Case ▇▇▇▇▇▇▇ ▇▇▇▇▇, Executive Vice President Office Properties Chief Executive OfficerTitle VP of Finance (a) From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the operation of the Building and the Project. The initial estimate of Operating Expenses is $0.4517 a square foot. The term “Tenant’s Share” means 100% of the Operating Expenses reasonably determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Building, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some .of of the buildings in the Project rather than any specific building. Landlord reserves the right to allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be additional rent payable by Tenant, in full, provided, however, that Landlord may elect to include such full amount as part of Tenant’s Share of Operating Expenses.

SDN LIST. Landlord and Tenant hereby represents represent and warrants that, to the best warrant that neither Landlord or Tenant or any of its knowledge as of the date of this Leaserespective officers, neither Tenant nor any officerdirectors, directorpartners, employee, partner, member members or other principal principals of Tenant (collectively, “Tenant Parties”) is listed as a Specially Designated National national and Blocked Person (“SDN”) on the list of such persons and entities entitles issued by the U.S. Treasury Office of Foreign Assets Control (“OFAC”). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon 30 days following written notice to Tenant. THE IRVINE COMPANY LLC, BOOT BARNLLC LANTRONIX, INC., a Delaware limited liability company a Delaware corporation By By: /s/ ▇▇▇▇▇▇▇ ▇. Case By: /s/ ▇▇▇▇▇▇ By ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. Case ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ EVP Office Properties Chief Financial Officer By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, President, Office Properties Chairman of the Board By /s/ ▇▇▇▇▇▇ ▇. Case By /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Case ▇▇▇▇▇▇▇ ▇▇▇▇▇Vice President, Executive Vice President Operations Office Properties Chief Executive OfficerCEO (a) From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the operation of the Building and the Project. The term “"Tenant’s 's Share” " means 100% of the Operating Expenses reasonably determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Building, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some .of of the buildings in the Project rather than any specific building. Landlord reserves the right to allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or overhead fee payable or imposed by Landlord for the management of Tenant’s 's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be additional rent payable by Tenant, in full, provided, however, that Landlord may elect to include such full amount as part of Tenant’s Share of Operating Expenses.