Common use of PARKING LOT Clause in Contracts

PARKING LOT. 13.9.1 The Renter may operate a Parking Lot in the Project and confer rights of use in or rent it, in whole or in part, and/or specific or non-specific Parking Spaces, to third parties notwithstanding that they are not tenants in the Project, everything at the Renter’s sole discretion only, except for the Parking Spaces included in the Leasehold. The Renter has the right to use the area of the Parking Lot at its sole and absolute discretion, including providing and/or designating specific areas in any way in favor of whoever it shall decide and for any period of time it shall decide and while charging separate charge from anyone to whom such areas have been designated, and the Tenant shall have no claim and/or demand and/or contention in this regard provided however that no damage has been incurred and no hindrance has been caused to the proper use of the Parking Spaces included in the Leasehold. 13.9.2 The Renter may, at its absolute discretion, decide from time to time, to operate the Parking Lot or part thereof as a paid parking lot, whether by itself, through the Management Company or through others, including lease it to sub-contractors, everything except for the Parking Spaces included in the Leasehold. It is agreed that the Renter and/or the entity operating the Parking Lot as stated above may provide for arrangements of use, operation, parking, entry and exit in the Parking Lot and change them from time to time, everything except for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or park in the areas of the Project Parking Lot unless otherwise and explicitly agreed in this agreement, and that conferring rights to use the Project Parking Lot shall be involved with terms and conditions and with payment as shall be agreed in writing with the Renter. 13.9.4 The Parking Spaces included in the Leasehold – if any Parking Spaces are included in the Leasehold Areas, the provisions of the Parking Appendix, Appendix A3, shall apply to them.

PARKING LOT. 13.9.1 (1) The Renter may operate Real Property presently contains a parking lot (referred to as the "Parking Lot") with 1,800 parking spaces. Tenant shall be entitled to twelve (12) exclusive parking spaces as reflected on Exhibit "2", which is annexed hereto and made part hereof and to the nonexclusive use, in common with other tenants and occupants of the Building and their business visitors, of the remainder of the Parking Lot solely for the parking of cars of Tenant's employees and business visitors on a first come first serve basis, but in no event shall such "non-exclusive" spaces be less than five (5) spaces per 1,000 square feet of rentable space then occupied by Tenant or its subsidiaries and affiliates. Tenant acknowledges that the handicapped spaces indicated with an "H" and the visitor spaces indicated with an "V" on said Exhibit "2" must remain where shown on said Exhibit "2". Owner shall have the right to reconfigure the Parking Lot (including the exclusive spaces) and add additional buildings in the Project Parking Lot and confer may increase or reduce the number of spaces in the Parking Lot, so long as any such reconfiguration, and/or additional buildings do not diminish Tenant's rights to the parking spaces Tenant is otherwise entitled to hereunder. No such reconfiguration, additional buildings or reduction in the number of use space in the Parking Lot for any reason, including, but not limited to, the construction of additional buildings therein or rent itany acquisition or condemnation set forth in Article TWELFTH, shall constitute an actual or constructive eviction, in whole or in part, and/or specific or non-specific Parking Spacesentitle Tenant to any abatement or diminution of rent or relieve Tenant from any of its obligations under this Lease or impose any liability upon Owner, it agents, or upon any lessor under any ground or underlying lease, or upon the holder of any mortgage. Tenant shall have no rights in and to third parties notwithstanding that they are not tenants in the Project, everything at the Renter’s sole discretion only, except for the Parking Spaces included Lot other than the aforedescribed exclusive use and nonexclusive use, in common with other tenants and occupants and their business visitors, for Tenant and Tenant's business visitors to park their cars therein on a first come first service basis. (2) On or about the Leasehold. The Renter has the right to use the area Commencement Date, Owner shall seal and stripe that portion of the Parking Lot at its sole and absolute discretion, including providing and/or designating specific areas in any way in favor of whoever it shall decide and for any period of time it shall decide and while charging separate charge from anyone to whom such areas have been designated, and the Tenant shall have no claim and/or demand and/or contention in this regard provided however that no damage has been incurred and no hindrance has been caused to the proper use south of the Parking Spaces included in the Leasehold. 13.9.2 The Renter may, at its absolute discretion, decide from time to time, to operate the Parking Lot or part thereof as a paid parking lot, whether by itself, through the Management Company or through others, including lease it to sub-contractors, everything except for the Parking Spaces included in the Leasehold. It is agreed that the Renter and/or the entity operating the Parking Lot as stated above may provide for arrangements of use, operation, parking, entry "Tech building" and exit in the Parking Lot and change them from time to time, everything except for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or park in the areas east of the Project Parking Lot unless otherwise "Digital building" where the Demised Premises is located, which sealing and explicitly agreed in this agreement, and that conferring rights to use the Project Parking Lot striping shall be involved with terms and conditions and with payment as shall be agreed performed in writing with the Rentera Building standard manner. 13.9.4 The Parking Spaces included in the Leasehold – if any Parking Spaces are included in the Leasehold Areas, the provisions of the Parking Appendix, Appendix A3, shall apply to them.

PARKING LOT. 13.9.1 The Renter may operate Promptly following the Acquisition Date (as defined in Section 2.5 below), Landlord shall begin construction of facilities for parking on a Parking Lot in the Project and confer rights of use in or rent it, in whole or in part, and/or specific or non-specific Parking Spaces, to third parties notwithstanding that they are not tenants in the Project, everything at the Renter’s sole discretion only, except for the Parking Spaces included in the Leasehold. The Renter has the right to use the area portion of the Parking Lot at its sole and absolute discretion, including providing and/or designating specific areas (the "Parking Lot Improvements") as described on Exhibit "G" attached hereto. Landlord shall cause the Parking Lot Improvements to be constructed in any way in favor accordance with all then-applicable laws. The "Actual Commencement Date for the Parking Lot" shall occur upon Substantial Completion of whoever it shall decide and for any period the Parking Lot Improvements. "Substantial Completion" or "Substantially Complete" is herein defined as the date upon which all of time it shall decide and while charging separate charge from anyone to whom such areas the following have been designatedsatisfied: (i) construction of the Parking Lot Improvements is complete, and as determined by Landlord's construction contractor; (ii) Landlord has obtained all permits or approvals from the Tenant shall have no claim and/or demand and/or contention in this regard provided however that no damage has been incurred and no hindrance has been caused to City of San Diego as may be necessary for the proper use of the Parking Spaces included in the Leasehold. 13.9.2 The Renter may, at its absolute discretion, decide from time Lot Improvements as a parking lot and delivered evidence of same to time, to operate Tenant; and (iii) Tenant has accepted the Parking Lot Improvements (Tenant may not accept the Parking Lot Improvements only if they are not constructed substantially in accordance with the requirements of Exhibit "G", or part thereof as a paid parking lotif they do not comply with then-applicable laws, whether and Tenant's failure to give Landlord written notice of Tenant's non-acceptance of the Parking Lot Improvements within five (5) business days following the date of Tenant's receipt of written notice of the satisfaction of clause (i) above and clause (ii) above (accompanied by itselfmaterials to be delivered pursuant to clause (ii) above) will be deemed Tenant's acceptance of the Parking Lot Improvements). Upon Substantial Completion of the Parking Lot Improvements, through the Management Company or through others, including lease it Landlord shall assign to sub-contractors, everything except Tenant all warranties for the Parking Spaces included Lot Improvements from Landlord's construction contractor and all warranties available at law or in the Leasehold. It is agreed that the Renter and/or the entity operating equity and Landlord shall have no further obligations or liabilities to Tenant concerning the Parking Lot Improvements; however, Landlord shall cooperate with Tenant as stated above may provide necessary to enforce such warranties. For purposes of calculating the Rent for arrangements the Parking Lot, (a) "Acquisition Costs" is defined as all reasonable costs and expenses incurred by Landlord in connection with or arising from the purchase of use, operation, parking, entry and exit in the Parking Lot including, without limitation, the purchase price, escrow and change them title charges and fees, documentary and transfer taxes, recording costs, loan fees and costs, if any, attorneys fees and any and all other costs or expenses of such purchase, and (b) "Parking Lot Improvement Costs" is defined as all reasonable hard and soft costs incurred by Landlord in connection with or arising from time to timethe design and construction of the Parking Lot Improvements, everything except including, without limitation, design, drafting, architecture and engineering fees, permitting and other governmental fees and charges, and costs, contractor and subcontractor charges and fees and any and all other costs or expenses of construction. The Rent for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or park in the areas of the Project Parking Lot unless otherwise and explicitly agreed in this agreement, and that conferring rights to use the Project Parking Lot shall be involved with terms and conditions and with payment as shall be agreed paid in writing with the Renter. 13.9.4 The Parking Spaces included in the Leasehold – if any Parking Spaces are included in the Leasehold Areas, the provisions monthly installments equal to one-twelfth (1/12th) of the Parking Appendix, Appendix A3, shall apply to themRent described in Section 1.9 of the Summary of Basic Lease Information and Definitions.

PARKING LOT. 13.9.1 That Seller has paid the full contract price with regard to that certain Construction Service Agreement between ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ (d/b/a ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Construction) ("▇▇▇▇▇▇▇▇") and Agent, dated October 15, 1996, and to the knowledge of Seller, all work performed by ▇▇▇▇▇▇▇▇ pursuant to such contract has been satisfactorily completed. For purposes of the foregoing warranties and representations, when any statement is made to "Seller's knowledge" or to the "knowledge of Seller", such phrase shall mean the actual knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, Asset Manager of Agent and ▇▇▇▇▇ ▇▇▇▇, Regional Director of Property Management for Agent, and shall exclude the knowledge of any other person or entity. The Renter may operate a Parking Lot foregoing warranties and representations shall not be affected by any investigation or verification by any party hereto or by anyone on behalf of any party hereto and (i) except as otherwise provided in the Project limited warranty deed delivered to Purchaser pursuant to subparagraph 3(a)(i) of this Contract, the representations and confer rights warranties set forth in subsection (a) above shall not survive Closing; and (ii) the remaining representations and warranties set forth above shall not merge into the Contract at Closing, but shall survive the Closing (subject to the limitations set forth in subparagraph 3(b)(xi)) for a period of use six (6) months; provided that, if Purchaser shall have commenced a legal action or proceeding against Seller during such six (6) month period, the applicable representations and/or warranty shall survive with respect to the specific matters asserted in such action or rent it, in whole or in part, and/or specific or non-specific Parking Spaces, to third parties notwithstanding that they are not tenants in the Project, everything at the Renter’s sole discretion only, except for the Parking Spaces included in the Leaseholdproceeding. The Renter has the right to use the area foregoing warranties shall be reaffirmed in writing by Seller at and as of the Parking Lot at its sole and absolute discretionClosing, including providing and/or designating specific areas in any way in favor of whoever it shall decide and for any period of time it shall decide and while charging separate charge from anyone to whom such areas have been designated, and the Tenant shall have no claim and/or demand and/or contention in this regard provided however that no damage has been incurred and no hindrance has been caused subject to the proper use of the Parking Spaces included in the Leaseholdlimitations set forth herein. ACKNOWLEDGING PURCHASER'S OPPORTUNITY TO INSPECT THE PROPERTY, EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT, PURCHASER AGREES TO TAKE THE PROPERTY "AS IS" WITH ALL FAULTS AND CONDITIONS THEREON. EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT, ANY INFORMATION, REPORTS, STATEMENTS, DOCUMENTS OR RECORDS ("DISCLOSURES") PROVIDED OR MADE TO PURCHASER OR ITS CONSTITUENTS BY SELLER, ITS AGENTS OR EMPLOYEES CONCERNING THE ENVIRONMENTAL CONDITION OF THE PROPERTY SHALL NOT BE REPRESENTATIONS OR WARRANTIES. EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT, PURCHASER SHALL NOT RELY ON SUCH DISCLOSURES, BUT RATHER, PURCHASER SHALL RELY ON ITS OWN INSPECTION OF THE PROPERTY. EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE ENVIRONMENTAL CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE FUTURE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON OR (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, AND EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT SELLER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING TERMITES OR WASTES, AS DEFINED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., OR ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980 ("CERCLA"), AS AMENDED AND REGULATIONS PROMULGATED THEREUNDER. EXCEPT AS OTHERWISE SET FORTH IN THIS CONTRACT, PURCHASER, ITS SUCCESSORS AND ASSIGNS, HEREBY WAIVE, RELEASE AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY COST RECOVERY ACTION OR CLAIM FOR CONTRIBUTION OR OTHER ACTION OR CLAIM AGAINST SELLER OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, OR ASSIGNS (COLLECTIVELY, "SELLER AND ITS AFFILIATES") BASED ON (A) ANY FEDERAL, STATE, OR LOCAL ENVIRONMENTAL LAW OR REGULATION, INCLUDING CERCLA OR ANY STATE EQUIVALENT, OR ANY SIMILAR LAW NOW EXISTING OR HEREAFTER ENACTED, (B) ANY DISCHARGE, DISPOSAL, RELEASE, OR ESCAPE OF ANY CHEMICAL, OR ANY HAZARDOUS MATERIAL WHATSOEVER, ON, AT, TO, OR FROM THE PROPERTY, OR (C) ANY ENVIRONMENTAL CONDITIONS WHATSOEVER ON, UNDER, OR IN THE VICINITY OF THE PROPERTY. 13.9.2 The Renter may, at its absolute discretion, decide from time to time, to operate the Parking Lot or part thereof as a paid parking lot, whether by itself, through the Management Company or through others, including lease it to sub-contractors, everything except for the Parking Spaces included in the Leasehold. It is agreed that the Renter and/or the entity operating the Parking Lot as stated above may provide for arrangements of use, operation, parking, entry and exit in the Parking Lot and change them from time to time, everything except for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or park in the areas of the Project Parking Lot unless otherwise and explicitly agreed in this agreement, and that conferring rights to use the Project Parking Lot shall be involved with terms and conditions and with payment as shall be agreed in writing with the Renter. 13.9.4 The Parking Spaces included in the Leasehold – if any Parking Spaces are included in the Leasehold Areas, the provisions of the Parking Appendix, Appendix A3, shall apply to them.

PARKING LOT. 13.9.1 The Renter may operate a Parking Lot Tenant shall have the exclusive right to use of twenty (20) parking spaces as identified in the Project and confer rights of use in or rent it, in whole or in part, and/or specific or non-specific attached diagram (“Parking Spaces, to third parties notwithstanding that they are not tenants in the Project, everything at the Renter’s sole discretion only, except for the Parking Spaces included in the Leasehold. The Renter has ”) and may assign the right to use some or all of Parking Spaces during the Term to sub-tenants, guests or invitees, as Tenant in its sole discretion determines, provided no such vehicles are parked in the such parking spaces overnight or between the hours of 11:00 P.M. through 5:00 A.M. With regard to all other parking spaces on the real property where the Premises are located, the Tenant shall have the right during any Term of this Lease, in common with Landlord on a first-come, first-served basis, to park the vehicles of Tenant and Tenant’s employees, subtenants and invitees for use of the Premises for the Permitted Uses in the Parking Lot (defined below) at Tenant’s sole risk and provided no such vehicles are parked in the Parking Lot overnight or between the hours of 11:00 P.M. through 5:00 A. M. Notwithstanding the foregoing, Landlord shall have the right to extend and/or improve the existing parking lot and/or create a new parking area on the Premises (as it exists now and hereafter, the “Parking Lot”), provided that Landlord uses reasonable efforts to minimize any material interference with the use of the Premises by Tenant and/or sublessees. Landlord shall give Tenant at least fourteen (14) days prior written notice prior to undertaking any construction in the Parking Lot and/or during such times as work done by Landlord on or to the Parking Lot may materially interfere with Tenant’s use. In the event that Landlord undertakes any work to repair or extend the Parking Lot, Landlord shall pursue and complete such work in a reasonably prompt manner and shall use reasonable efforts to minimize any material interference with the use of parking spaces. No portion of the Parking Lot at shall be sublet by Tenant (other than in conjunction with a sub-lease of a portion of the Premises, i.e., pursuant to a sublease or agreement pursuant to which a subtenant has assigned spaces for its sole employees or customers) and absolute discretion, including providing and/or designating specific areas in Tenant shall not require or impose any way in favor of whoever it shall decide and fee or charge for any period of time it shall decide use by Tenant’s subtenants and while charging separate charge from anyone to whom such areas have been designated, and the Tenant shall have no claim and/or demand and/or contention in this regard provided however that no damage has been incurred and no hindrance has been caused to the proper use invitees of the Parking Spaces included Lot other than for the twenty (20) spaces reserved for Tenant and its sub- tenants, guests and invitees. The Landlord will develop a plan to restripe and realign parking places in the Leasehold. 13.9.2 The Renter may, at its absolute discretion, decide from time entire lot to time, to operate the Parking Lot or part thereof accommodate as a paid much parking lot, whether by itself, through the Management Company or through others, including lease it to sub-contractors, everything except for the Parking Spaces included in the Leaseholdas possible. It is agreed that the Renter and/or the entity operating the Parking Lot as stated above may provide for arrangements of use, operation, parking, entry and exit in the Parking Lot and change them from time to time, everything except for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or park in the areas of the Project Parking Lot unless otherwise and explicitly agreed in this agreement, and that conferring rights to use the Project Parking Lot shall Said plan will be involved with terms and conditions and with payment as shall be agreed in writing reviewed with the RenterTenant prior to implementation. 13.9.4 The Parking Spaces included in the Leasehold – if any Parking Spaces are included in the Leasehold Areas, the provisions of the Parking Appendix, Appendix A3, shall apply to them.

PARKING LOT. 13.9.1 (a) The Renter may operate a Parking Lot in the Project and confer rights of use in or rent it, in whole or in part, and/or specific or non-specific Parking Spaces, to third parties notwithstanding that they are not tenants in the Project, everything at the Renter’s sole discretion only, except Actual Commencement Date for the Parking Spaces included in the Leasehold. The Renter has the right to use the area Lot shall occur on August 1, 1997, notwithstanding that Substantial Completion of the Parking Lot at its sole and absolute discretion, including providing and/or designating specific areas in any way in favor of whoever it shall decide and for any period of time it shall decide and while charging separate charge from anyone to whom such areas Improvements may not have been designatedcompleted as of such date. (b) The date that Tenant may exercise the self-help rights for the Phase 1 Areas set forth in Paragraph 3 of the First Amendment is extended to December 1, and 1997. (c) Effective upon the Tenant shall have no claim and/or demand and/or contention Commencement Date under the Adjacent Lease (as the Commencement Date is defined in this regard provided however that no damage has been incurred and no hindrance has been caused Section 1.6 of the Summary to the proper use of Adjacent Lease): (i) the Parking Spaces included in the Leasehold. 13.9.2 The Renter may, at its absolute discretion, decide from time to time, to operate the Parking Lot or part thereof as a paid parking lot, whether by itself, through the Management Company or through others, including lease it to sub-contractors, everything except for the Parking Spaces included in the Leasehold. It is agreed that the Renter and/or the entity operating the Parking Lot as stated above may provide for arrangements of use, operation, parking, entry and exit in the Parking Lot and change them from time to time, everything except for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and submitted separately to the Securities and Exchange Commission and for which confidential treatment has been requested. 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or park in the areas of the Project Parking Lot unless otherwise and explicitly agreed in this agreement, and that conferring rights to use the Project Parking Lot shall be involved with terms deleted from the Premises and conditions and with payment as become a portion of the Adjacent Premises, subject, however, to clause (vi) below of this Section 5(c); (ii) Section 1.9 of the Summary to the Lease relating to Rent for the Parking Lot shall be agreed deleted from the Lease; (iii) Landlord shall grant to Tenant easements for ingress and egress over, and parking upon, the Adjacent Premises in writing accordance with the Renter. 13.9.4 The Parking Spaces included in the Leasehold – if any Parking Spaces are included in the Leasehold Areas, the provisions of a Declaration of Parking and Access Easements and Maintenance Agreement in the form and substance of Exhibit “A” attached hereto (the “Declaration”), which Landlord will record against title to the Premises and the Adjacent Premises on or before the Commencement Date under the Adjacent Lease; (iv) Landlord delegates and assigns to Tenant all rights and obligations of the Owner of the Benefited Parcel under the Declaration during the Term of the Lease, and Tenant shall observe and perform all such obligations; (v) Tenant and Landlord shall amend the memorandum of the Lease that has been recorded against title to the Premises to memorialize the deletion from the Lease of the Parking AppendixLot; (vi) for purposes of Section 17 of the Lease, Appendix A3the Easement Area under the Declaration will be deemed to constitute a portion of the Premises; and (vii) in the event a prospective purchaser or lender for the Premises or Adjacent Premises requests an amendment to the Declaration, Tenant shall apply consent to themany such amendment provided such amendment does not materially increase Tenant’s obligations or materially decrease Tenant’s rights under the Lease or Declaration. If a prospective purchaser or lender requests an amendment, Landlord will reimburse Tenant for the reasonable attorneys’ fees incurred by Tenant in reviewing and negotiating such amendment.