CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Project. Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, which do not materially adversely affect Tenant’s rights, or materially increase Tenant’s obligations under this Lease, and of which Tenant is given prior written notice, 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 I, agreeing to and acknowledging the CC&Rs.
CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Project. Additionally, Tenant acknowledges that the Project ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may be subject to any future covenants, conditions, and restrictions (the "CC&Rs") which Landlord, in Landlord's discretion, deems reasonably necessary or 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, agreeing to and acknowledging the CC&Rs.
CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Project. Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Use, (ii) impair Tenant’s access to or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) increase Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto). Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from Landlord, a “Recognition of Covenants, Conditions, and Restriction,” in a form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging the CC&Rs.
CC&Rs. Tenant acknowledges that Landlord intends to record an Agreement Between Land Owners Including Covenants, Conditions and Restrictions and Grants of Easements for Carmel Center and Including Termination of Both Former Declaration and Prior Grants of Easements (the "CC&R'S") over the Project. Tenant hereby approves the draft of CC&R's attached hereto as Exhibit "F" and made a part hereof and hereby subordinates this Lease to the CC&R's and any amendments or modifications thereto; provided, however, that any modifications to the draft of the CC&R's attached as EXHIBIT "F" which may have a material effect on Tenant's use or enjoyment of, or access to, the Premises or Project shall be subject to PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
(i) take any action which in Landlord's reasonable opinion will jeopardize or be detrimental to Tenant's rights under this Lease and Tenant's use and enjoyment of its leasehold estate, (ii) take any action which has the effect of materially increasing assessments or costs incurred by Landlord under the CC&R's, which will result in an unreasonable increase in Direct Expenses in Expense Years after the Base Year, (iii) vote in favor of or approve any new improvements, operation or use on any of the properties covered by the CC&R's without first consulting with Tenant, and (iv) knowingly allow any use of the parking facilities within the Project (as defined in this Lease) that is not allowed pursuant to the reciprocal parking rights described in the CC&R's. Landlord shall provide (or if Landlord does not control the Association, Landlord will request the Association to provide) to Tenant the draft budget prepared from time to time in connection with the CC&R's for Tenant's review and comment, and Landlord will reasonably consider Tenant's comments in preparing the budget. Further, Landlord represents and warrants that the signage contemplated by this Lease is in compliance with the CC&R's and the Sign Plan defined therein.
CC&Rs. Tenant agrees that this Lease is subject and subordinate to the Covenants, Conditions and Restrictions, a copy of which is attached hereto as Exhibit C, as they may be amended from time to time (“CC&R’s”), and further agrees that the CC&R’s are an integral part of this Lease. Throughout the Term or any extension thereof, notwithstanding any other provision hereof, Tenant shall faithfully and timely assume and perform all obligations of Landlord and/or Tenant under the CC&R’s and any modifications or amendments thereto, including the payment of any periodic or special dues or assessments against the Premises. Such dues and assessments shall be included within the definition of Operating Expenses pursuant to ¶ 5.b.11), and Tenant shall pay such amounts as further set forth in ¶ 5. Tenant shall hold Landlord, its subsidiaries, shareholders, directors, officers, agents and employees harmless and indemnify Landlord, its subsidiaries, shareholders, directors, officers, agents and employees against any loss, expense and damage, including attorneys’ fees and costs, arising out of the failure of Tenant to perform or comply with the CC&R’s.
CC&Rs. Tenant acknowledges receipt of all pertinent rules, regulations, and all conditions, covenants, and restrictions pertaining to the Property and Tenant will be financially responsible for any fines incurred due to any violation of these rules or covenants.
CC&Rs. To Seller’s Knowledge, there are no material violations of any covenants, conditions or restrictions applicable to any Facility, and Seller has received no notice or complaint with respect to any violation of any covenants, conditions or restrictions applicable to any Facility.
CC&Rs. For purposes of this Lease, the term “CC&Rs” shall mean, collectively, the following documents, all of which are recorded in the official records of Xxxxx County, Washington: (i) Master Declaration of Protective Covenants, Conditions, Restrictions and Easements for Columbia Tech Center by Columbia Tech Center, L.L.C., a Washington limited liability company (for purposes of this Paragraph 1.13 only, “CTC”) and Xxxx Xxxxx Xxxxxx, L.L.C., a Washington limited liability company, recorded on January 17, 1997 as Instrument No. 9701170005 as amended by (A) Amendment to Master Declaration of Protective Covenants, Conditions, Restrictions and Easements for Columbia Tech Center by Columbia Tech Center Master Association, a Washington nonprofit corporation (the “Association”), recorded on August 13, 2002 as Instrument No. 3500189, (B) Second Amendment to Master Declaration of Protective Covenants, Conditions, Restrictions and Easements for Columbia Tech Center by the Association, recorded on August 13, 2002 as Instrument No. 3500390, and (C) Third Amendment to Master Declaration of Protective Covenants, Conditions, Restrictions and Easements for Columbia Tech Center by the Association, recorded on November 22, 2004 as Instrument No. 3910991), collectively, the “Master Covenants”); and (ii) that certain Development Agreement by and between CTC and the City of Vancouver, Washington, a Washington municipal corporation (the “City”), recorded on April 3, 2001 as Instrument No. 3305320 (as amended by (A) Addendum to Columbia Tech Center Development Agreement by CTC, Xxxxx Community College District No. 14 Foundation, a Washington nonprofit corporation and the City, recorded on March 26, 2003 as Instrument No. 3608344, (B) Second Addendum to Columbia Tech Center Development Agreement by CTC and the City, recorded on July 2, 2003 as Instrument No. 3667929, (C) Third Addendum to Columbia Tech Center Development Agreement by CTC and the City, recorded on July 15, 2005 as Instrument No. 4017454, (D) Fourth Addendum to Columbia Tech Center Development Agreement by CTC and the City, recorded on April 25, 2016 as Instrument No. 5277173), and (E) Fifth Addendum to Columbia Tech Center Development Agreement by CTC and the City recorded on January 22, 2018 as Instrument No. 5497449, collectively, the “Development Agreement”), as such CC&Rs may be amended and/or supplemented from time to time.
CC&Rs. The declaration of covenants, conditions, restrictions and easements contained in that certain Grant Deed dated May 12, 1965 established by Xxxxx X. Xxxxxxxx and Xxxxxxx X. Xxxxxxxx and recorded on May 14, 1965 in Book 4953 at page 326 et. seq., of the Official Records of San Mateo County, California, as they may be amended from time to time. Tenant hereby acknowledges that it has received and read a copy of the present CC&R’s.
CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Project. Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, the CC&Rs shall 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. 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, agreeing to and acknowledging the CC&Rs.
