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.
Appears in 1 contract
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. 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
Samples: Office Lease (Retrophin, Inc.)
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 the Project ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may be subject to any future covenants, conditions, and restrictions and/or amendments to the Current CC&Rs (in any such event, the "“Future CC&Rs"”) which Landlord, in Landlord's discretion, deems are commercially reasonably necessary or desirablefor the development of the Project, 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”). Notwithstanding anything herein to the contrary, however, any such future CC&Rs Tenant shall not (i) materially and adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's use have the right to approve Future CC&R’s if Tenant is the only tenant of the Premises for the Permitted UseBuilding and no uncured default by Tenant then exists, such approval not to be unreasonably withheld, conditioned or (iii) materially increase Tenant's monetary obligations under this Lease (i.e., other than in a de minimis manner)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 FF and made a part hereof for all purposes, agreeing to and acknowledging the CC&Rs.
Appears in 1 contract
Samples: Office Lease (Arthrocare 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 ./ -/// -23- XXXXXX REALTYwill be subject to that certain "Declaration of Covenants, L.P. [ACADIA Pharmaceuticals Inc.] Conditions and Restriction for Sorrento Gateway," a substantially complete copy of which is attached hereto as EXHIBIT F-1, and may be subject to any amendments and modifications thereto as well ----------- as additional future covenants, conditions, conditions and restrictions (collectively, the "CC&RsCC&RS") which Landlord, in Landlord's discretion, Landlord deems reasonably necessary or desirableand/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; 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 FEXHIBIT F-2, agreeing to and ----------- acknowledging the CC&Rs.
Appears in 1 contract
Samples: Lease (Diversa Corp)
CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the ProjectBuilding and/or Project (the "Current CC&Rs"), including without limitation, the Governing Documents. Additionally, Tenant acknowledges that the Project ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] Building may be subject to any future covenants, conditions, and restrictions and/or amendments to the Current CC&Rs (in any such event, the "Future CC&Rs") which Landlord, in Landlord's discretion, deems reasonably necessary or desirable, 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"), however, provided any such future Future CC&Rs shall not not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex
(ia) have a material adverse effect upon the access to and/or use by Tenant, or Tenant’s Invitees, of the Premises or vehicular and/or pedestrian access to the Premises or throughout the Project, (b) be materially inconsistent with the rights and adversely affect Tenant's rights obligations of Landlord and Tenant under this Lease, (ii) adversely affect Tenant's use of the Premises for the Permitted Use, ; or (iiic) materially increase Tenant's monetary obligations under this Lease (i.e., other than ’s cost of operating its business 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&RsPremises.
Appears in 1 contract
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 ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may will be subject to any future covenantsthat certain "Declaration of Covenants, conditions, Conditions and restrictions Restriction for Sorrento Rim Business Park," a substantially complete copy of which is attached hereto as EXHIBIT F-1 (the "CC&RsCC&RS") which Landlord, in Landlord's discretion, Landlord deems reasonably necessary or and/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 FEXHIBIT 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
Samples: Office Lease (Newgen Results Corp)
CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the ProjectProject (the “Current CC&Rs”). Additionally, Tenant acknowledges that the Project ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may be subject to any future covenants, conditions, and restrictions and/or amendments to the Current CC&Rs (in any such event, the "“Future CC&Rs"”) which Landlord, in Landlord's ’s discretion, deems reasonably necessary or 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”), however, any provided such future Future CC&Rs shall do not (i) materially and adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's ’s permitted use of the Premises for or access to the Permitted Use, or (iii) materially increase Tenant's monetary obligations under this Lease (i.e., other than in a de minimis manner)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, agreeing to and acknowledging the CC&Rs.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
CC&Rs. Tenant shall comply with all Landlord represents and warrants that as of the date of this Lease there are no 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 that, to the extent such CC&Rs; providedCC&Rs do not materially XXXXXX REALTY 571981.06/WLA 0000 Xxxxxxxxx Xxxxx K4064-066/6-8-04/pjr/pjr -17-[STMicroelectronics, however, any such future CC&Rs shall not (i) materially and adversely affect Tenant's rights under this Lease, (ii) Inc.] adversely affect Tenant's use of the Premises for the Permitted UseUse and Tenant's access to the Premises, or (i) this Lease shall be subject and subordinate to such CC&Rs, (ii) Tenant shall comply with all such CC&Rs, and (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 such CC&Rs.
Appears in 1 contract
Samples: Sublease Agreement (Affymetrix 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 the Project ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may be subject to any future covenants, conditions, and restrictions and/or amendments to the Current CC&Rs (in any such event, the "Future 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 the Current CC&Rs and such Future CC&Rs (collectively, the "CC&Rs; provided"), however, any provided such future Future CC&Rs shall do not (i) materially and adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's permitted use of the Premises for or access to the Permitted Use, or (iii) materially increase Tenant's monetary obligations under this Lease (i.e., other than in a de minimis manner)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, agreeing to and acknowledging the CC&Rs.
Appears in 1 contract
Samples: 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 ./ -/// -23- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] may will be subject to any 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, conditions and restrictions (collectively, the "CC&RsCC&RS") which Landlord, in Landlord's discretion, Landlord deems reasonably necessary or desirableand/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; 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 FEXHIBIT F-2, agreeing to and ----------- acknowledging the CC&Rs.
Appears in 1 contract
Samples: Lease (Diversa Corp)