Common use of CONTINUITY OF LANDLORD Clause in Contracts

CONTINUITY OF LANDLORD. Landlord acknowledges and agrees that Tenant has entered into this Lease in reliance upon Landlord's reputation and ability to do all things necessary for the proper construction and lien free completion of all Project improvements. Accordingly, Landlord agrees not to sell its interest in any uncompleted building in the Project (or otherwise assign its interest and duties hereunder as to any uncompleted building in the Project) until after the Lease Commencement Date has occurred for the initial Floor Group in Building 3 (or if the Lease for Building 3 is terminated, until the termination date for such Lease) except for (i) transfers between or among entities affiliated with Xxxxxx Realty Corporation (i.e., entities controlled, controlled by or under common control with Xxxxxx Realty Corporation); (ii) a merger or sale of all or substantially all of the assets, stock, partnership interests and/or limited liability company interests of, or owned by, Xxxxxx Realty Corporation and/or its affiliates; (iii) a sale, contribution or distribution to a partnership, corporation, joint venture, limited liability company or other ownership structure, where Xxxxxx Realty Corporation or its affiliate(s) retains responsibility for managing the development of the Project; or (iv) any transfer resulting from foreclosure, trustee's sale or deed in lieu of foreclosure. Upon the Lease Commencement Date for the initial Floor Group in Building 3, the restrictions specified in this Section 9 shall terminate.. EXHIBIT B -16- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 1 CONSTRUCTION SCHEDULE MILESTONE DATES - BUILDING 1 BASE, SHELL AND CORE Event Date ----- ---- 1 Completion of Schematic Design Done 2 Completion of Base, Shell and Core Working Drawings Done *3 Submittal to City of San Diego for Permits Done *4 Obtaining all Building and other Permits for Construction of Base, Shell and Core Done *5 Commencement of Construction Done 6 Completion of Slab-on-Grade Done *7 Completion of Vertical Construction Done 8 Completion of Roof Framing Done *9 Completion of Construction of Base, Shell and Core/Certificate of Occupancy/Shell Completion Date September 30, 1999 Notes: Items marked with an "*" are Major Project Milestones TENANT IMPROVEMENTS 1. Delivery by Tenant of Final Space Plan for Landlord Approval May 7, 1999 2. Delivery by Tenant of Working Drawings for Landlord Approval June 7, 1999 SCHEDULE 1 -1- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 2 STANDARD IMPROVEMENT PACKAGE TENANT IMPROVEMENT STANDARD SPECIFICATIONS XXXXXX XXXXXX CENTER -------------------------------------------------------------------------------- CARRIER XXXXXXX PROJECT NO. 4246.00 MAY 4, 1999 (DRAFT)

CONTINUITY OF LANDLORD. Landlord acknowledges and agrees that Tenant has entered into this Lease in reliance upon Landlord's reputation and ability to do all things necessary for the proper construction and lien free completion of all Project improvements. Accordingly, Landlord agrees not to sell its interest in any uncompleted building in the Project (or otherwise assign its interest and duties hereunder as to any uncompleted building in the Project) until after the Lease Commencement Date has occurred for the initial Floor Group in Building 3 (or if the Lease for Building 3 is terminated, until the termination date for such Lease) except for (i) transfers between or among entities affiliated with Xxxxxx Realty Corporation (i.e., entities controlled, controlled by or under common control with Xxxxxx Realty Corporation); (ii) a merger or sale of all or substantially all of the assets, stock, partnership interests and/or limited liability company interests of, or owned by, Xxxxxx Realty Corporation and/or its affiliates; (iii) a sale, contribution or distribution to a partnership, corporation, joint venture, limited liability company or other ownership structure, where Xxxxxx Realty Corporation or its affiliate(s) retains responsibility for managing the development of the Project; or (iv) any transfer resulting from foreclosure, trustee's sale or deed in lieu of foreclosure. Upon the Lease Commencement Date for the initial Floor Group in Building 3, the restrictions specified in this Section 9 shall terminate.. EXHIBIT B -16- -17- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 1 CONSTRUCTION SCHEDULE MILESTONE DATES - BUILDING 1 5 BASE, SHELL AND CORE Event Date ----- ---- 1 Completion of Schematic Design Done 2 Completion of Base, Shell and Core Working Done Drawings Done *3 Submittal to City of San Diego for Permits Done *4 Obtaining all Building and other Permits for Construction of Base, Shell and Core Done July 25, 1999 *5 Commencement of Construction Done July 25, 1999 6 Completion of Slab-on-Grade Done September 24, 1999 *7 Completion of Vertical Construction Done February 11, 2000 8 Completion of Roof Framing Done February 25, 2000 *9 Completion of Construction of Base, Shell and Core/Core/ Certificate of Occupancy/Shell Completion July 1, 2000 Date September 30, 1999 Notes: Items marked with an "*" are Major Project Milestones TENANT IMPROVEMENTS IMPROVEMENTS ------------------- 1. Delivery by Tenant of Final Space Plan for Landlord Approval May 7October 1, 1999 1999 2. Delivery by Tenant of Working Drawings for Landlord Approval June 7January 1, 1999 2000 SCHEDULE 1 -1- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 2 STANDARD IMPROVEMENT PACKAGE TENANT IMPROVEMENT STANDARD SPECIFICATIONS XXXXXX XXXXXX CENTER -------------------------------------------------------------------------------- CARRIER XXXXXXX PROJECT NO. 4246.00 MAY 4, 1999 (DRAFT)

CONTINUITY OF LANDLORD. Landlord acknowledges and agrees that Tenant has entered into this Lease in reliance upon Landlord's reputation and ability to do all things necessary for the proper construction and lien free completion of all Project improvements. Accordingly, Landlord agrees not to sell its interest in any uncompleted building in the Project (or otherwise assign its interest and duties hereunder as to any uncompleted building in the Project) until after the Lease Commencement Date has occurred for the initial Floor Group in Building 3 (or if the Lease for Building 3 is terminated, until the termination date for such Lease) except for (i) transfers between or among entities affiliated with Xxxxxx Realty Corporation (i.e., entities controlled, controlled by or under common control with Xxxxxx Realty Corporation); (ii) a merger or sale of all or substantially all of the assets, stock, partnership interests and/or limited liability company interests of, or owned by, Xxxxxx Realty Corporation and/or its affiliates; (iii) a sale, contribution or distribution to a partnership, corporation, joint venture, limited liability company or other ownership structure, where Xxxxxx Realty Corporation or its affiliate(s) retains responsibility for managing the development of the Project; or (iv) any transfer resulting from foreclosure, trustee's sale or deed in lieu of foreclosure. Upon the Lease Commencement Date for the initial Floor Group in Building 3, the restrictions specified in this Section 9 shall terminate.. EXHIBIT B -16- -17- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 1 CONSTRUCTION SCHEDULE MILESTONE DATES - BUILDING 1 4 BASE, SHELL AND CORE Event Date ----- ---- 1 Completion of Schematic Design Done May 1, 2001 2 Completion of Base, Shell and Core Working Drawings Done September 15, 2001 *3 Submittal to City of San Diego for Permits Done October 1, 2001 *4 Obtaining all Building and other Permits for Construction of Base, Shell and Core Done January 1, 2002 *5 Commencement of Construction Done January 1, 2002 6 Completion of Slab-on-Grade Done March 15, 2002 *7 Completion of Vertical Construction Done September 1, 2002 8 Completion of Roof Framing Done September 15, 2002 *9 Completion of Construction of Base, Shell and Core/Certificate of Occupancy/Shell Completion Date September 30January 1, 1999 2003 Notes: Items marked with an "*" are Major Project Milestones TENANT IMPROVEMENTS 1. Delivery by Tenant of Final Space Plan for Landlord Approval May 7- Initial Floor Group April 1, 19992002 - Second Floor Group October 1, 2002 2. Delivery by Tenant of Working Drawings for Landlord Approval June 7- Initial Floor Group July 1, 1999 2002 - Second Floor Group January 1, 2003 SCHEDULE 1 -1- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 2 STANDARD IMPROVEMENT PACKAGE TENANT IMPROVEMENT STANDARD SPECIFICATIONS XXXXXX XXXXXX CENTER -------------------------------------------------------------------------------- CARRIER XXXXXXX PROJECT NO. 4246.00 MAY 4, 1999 (DRAFT)

CONTINUITY OF LANDLORD. Landlord acknowledges and agrees that Tenant has entered into this Lease in reliance upon Landlord's reputation and ability to do all things necessary for the proper construction and lien free completion of all Project improvements. Accordingly, Landlord agrees not to sell its interest in any uncompleted building in the Project (or otherwise assign its interest and duties hereunder as to any uncompleted building in the Project) until after the Lease Commencement Date has occurred for the initial Floor Group in Building 3 (or if the Lease for Building 3 is terminated, until the termination date for such Lease) except for (i) transfers between or among entities affiliated with Xxxxxx Realty Corporation (i.e., entities controlled, controlled by or under common control with Xxxxxx Realty Corporation); (ii) a merger or sale of all or substantially all of the assets, stock, partnership interests and/or limited liability company interests of, or owned by, Xxxxxx Realty Corporation and/or its affiliates; (iii) a sale, contribution or distribution to a partnership, corporation, joint venture, limited liability company or other ownership structure, where Xxxxxx Realty Corporation or its affiliate(s) retains responsibility for managing the development of the Project; or (iv) any transfer resulting from foreclosure, trustee's sale or deed in lieu of foreclosure. Upon the Lease Commencement Date for the initial Floor Group in Building 3the Building, the restrictions specified in this Section 9 shall terminate.. . EXHIBIT B -16- -17- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 1 CONSTRUCTION SCHEDULE MILESTONE DATES - BUILDING 1 3 BASE, SHELL AND CORE Event Date ----- ---- 1 Completion of Schematic Design Done 2 Completion of Base, Shell and Core Working Drawings Done *3 Submittal to City of San Diego for Permits Done *4 Obtaining all Building and other Permits for Construction of Base, Shell and Core Done *5 Commencement of Construction Done 6 Completion of Slab-on-Grade Done *7 Completion of Vertical Construction Done 8 Completion of Roof Framing Done *9 Completion of Construction of Base, Shell and Core/Certificate of Occupancy/Shell Completion Date September 30, 1999 EVENT DATE Notes: Items marked with an "*" are Major Project Milestones TENANT IMPROVEMENTS 1. Delivery by Tenant of Final Space Plan for Landlord Approval May 7- Initial Floor Group September 1, 19992000 - Second Floor Group Xxxxx 0, 0000 - Xxxxx Xxxxx Group September 1, 2001 2. Delivery by Tenant of Working Drawings for Landlord Approval - Initial Floor Group December 1, 2000 - Second Floor Group June 71, 1999 2001 - Third Floor Group December 1, 2001 SCHEDULE 1 -1- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] SCHEDULE 2 STANDARD IMPROVEMENT PACKAGE TENANT IMPROVEMENT STANDARD SPECIFICATIONS XXXXXX XXXXXX CENTER -------------------------------------------------------------------------------- CARRIER XXXXXXX PROJECT NO. 4246.00 MAY 4, 1999 (DRAFT)