Common use of CC&Rs Clause in Contracts

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing Documents. Additionally, Tenant acknowledges that the 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 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 any such Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) 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 obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business in the Premises.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, ----- and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that it is anticipated that the Building 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 any amendments and modifications thereto as well ----------- as additional future covenants, conditions, conditions and restrictions and/or amendments to the Current CC&Rs (in any such eventcollectively, the "Future CC&RsCC&RS") which Landlord, in Landlord's discretion, Landlord deems reasonably necessary or 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 Current CC&Rs right to require Tenant to execute and such Future CC&Rs acknowledge, within fifteen (collectively15) 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"), provided any such Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) 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 obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business in the Premises.

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 Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that the Building Project 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 that, to the extent such CC&Rs do not materially XXXXXX REALTY 571981.06/WLA 0000 Xxxxxxxxx Xxxxx K4064-066/6-8-04/pjr/pjr -17-[STMicroelectronics, Inc.] adversely affect Tenant's use of the Premises for the Permitted Use and Tenant's access to the Premises, (i) this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectively, the "CC&Rs"), provided any such Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) 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, (bii) be materially inconsistent Tenant shall comply with all such CC&Rs, and (iii) Landlord shall have the rights right to require Tenant to execute and obligations acknowledge, within fifteen (15) business days of Landlord a request by Landlord, a "Recognition of Covenants, Conditions, and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business Restriction," in the Premisesa form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging such CC&Rs.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and ----- restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that it is anticipated that the Building may Project 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 and/or amendments to the Current CC&Rs (in any such eventcollectively, the "Future CC&RsCC&RS") which Landlord, in Landlord's discretion, Landlord deems reasonably necessary or 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 Current CC&Rs right to require Tenant to execute and such Future CC&Rs acknowledge, within fifteen (collectively15) 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"), provided any such Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) 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 obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business in the Premises.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that it is anticipated that the Building may Project will be subject to any future covenantsthat certain "Declaration of Covenants, conditions, Conditions and restrictions and/or amendments to the Current CC&Rs Restriction for Sorrento Rim Business Park," a substantially complete copy of which is attached hereto as EXHIBIT F-1 (in any such event, the "Future CC&RsCC&RS") which Landlord, in Landlord's discretion, Landlord deems reasonably necessary or desirable and/or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs. Landlord shall have the Current 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 and or any amendment, modification or replacement of such Future CC&Rs; provided, however, that no changes are made to the substantially complete CC&Rs attached hereto (collectivelywhether in such CC&Rs or such amendment, the "CC&Rs"modification or replacement thereof), provided any such Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) which 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 negative impact on the Project, (b) be materially inconsistent with the Premises or Tenant's permitted use, occupancy and enjoyment thereof or Tenant's rights and obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business in the Premises.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that the Building 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 desirable, and Tenant agrees that this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectivelyCC&Rs; provided, the "CC&Rs")however, provided any such Future future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex not (ai) have a material adverse effect upon the access to and/or materially and adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's use by Tenant, or Tenant’s Invitees, of the Premises or vehicular and/or pedestrian access to for the Premises or throughout the ProjectPermitted Use, (b) be materially inconsistent with the rights and obligations of Landlord and Tenant under this Lease; or (ciii) materially increase Tenant’s cost '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 operating its business 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 PremisesCC&Rs.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing Documents. Additionally, Tenant acknowledges that the Building Project 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 any such Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) have a material adverse effect upon the access to and/or do not materially and adversely affect Tenant's permitted use by Tenant, or Tenant’s Invitees, of the Premises or vehicular and/or pedestrian access to the Premises or throughout Premises. Landlord shall have the Projectright to require Tenant to execute and acknowledge, within ten (b10) be materially inconsistent with 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 rights and obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business in the PremisesCC&Rs.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that the Building Project 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 such CC&Rs. Landlord shall have the Current CC&Rs right to require Tenant to execute and such Future CC&Rs acknowledge, within fifteen (collectively15) 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, provided Tenant shall only be required to abide by, and have this Lease subject to, any such Future future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex to the extent such future CC&Rs do not (ai) have a material adverse effect upon the access to and/or adversely affect Tenant's rights under this Lease, (ii) adversely affect Tenant's use by Tenant, or Tenant’s Invitees, of the Premises for the Permitted Use, or vehicular and/or pedestrian access to the Premises or throughout the Project, (biii) be materially inconsistent with the rights and increase Tenant's monetary obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business , in the Premisesmore than a de minimis manner.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "“Current CC&Rs"), including without limitation, ”) on the Governing Documentsdate of this Lease. Additionally, Tenant acknowledges that the Building Project 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 desirable for 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"”). Notwithstanding anything herein to the contrary, provided any such Tenant shall have the right to approve Future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex (a) have a material adverse effect upon CC&R’s if Tenant is the access to and/or use by Tenant, or Tenant’s Invitees, only tenant of the Premises Building and no uncured default by Tenant then exists, such approval not to be unreasonably withheld, conditioned or vehicular and/or pedestrian access delayed. Landlord shall have the right to require Tenant to execute and acknowledge, within ten (10) business days of a request by Landlord, a “Recognition of Covenants, Conditions, and Restrictions,” in a form substantially similar to that attached hereto as Exhibit F and made a part hereof for all purposes, agreeing to and acknowledging the Premises or throughout the Project, (b) be materially inconsistent with the rights and obligations of Landlord and Tenant under this Lease; or (c) materially increase Tenant’s cost of operating its business in the PremisesCC&Rs.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Building and/or Project (the "Current CC&Rs"), including without limitation, the Governing DocumentsProject. Additionally, Tenant acknowledges that the Building Project ./ -/// -23- KXXXXX RXXXXX, 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 desirable, and Tenant Txxxxx agrees that this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectivelyCC&Rs; provided, the "CC&Rs")however, provided any such Future future CC&Rs shall not: 4823-6605-5163.8 10 FLIGHT AT TUSTIN LEGACY ChromaDex not (ai) have a material adverse effect upon the access to and/or use by Tenant, or materially and adversely affect Tenant’s Inviteesrights under this Lease, (ii) adversely affect Tenant’s use of the Premises or vehicular and/or pedestrian access to for the Premises or throughout the ProjectPermitted Use, (b) be materially inconsistent with the rights and obligations of Landlord and Tenant under this Lease; or (ciii) materially increase Tenant’s cost 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 operating its business 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 PremisesCC&Rs.