Common use of Parking Lot Clause in Contracts

Parking Lot. (1) The 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 Parking Lot and 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 space in the Parking Lot for any reason, including, but not limited to, the construction of additional buildings therein or any acquisition or condemnation set forth in Article TWELFTH, shall constitute an actual or constructive eviction, in whole or in part, or entitle 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 the Parking 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 Commencement Date, Owner shall seal and stripe that portion of the Parking Lot south of the "Tech building" and east of the "Digital building" where the Demised Premises is located, which sealing and striping shall be performed in a Building standard manner.

Parking Lot. Promptly following the Acquisition Date (1) The Real Property presently contains a as defined in Section 2.5 below), Landlord shall begin construction of facilities for 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 Parking Lot and 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 space in the Parking Lot for any reason, including, but not limited to, the construction of additional buildings therein or any acquisition or condemnation set forth in Article TWELFTH, shall constitute an actual or constructive eviction, in whole or in part, or entitle 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 the Parking 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 Commencement Date, Owner shall seal and stripe that portion of the Parking Lot south (the "Parking Lot Improvements") as described on Exhibit "G" attached hereto. Landlord shall cause the Parking Lot Improvements to be constructed in accordance with all then-applicable laws. The "Actual Commencement Date for the Parking Lot" shall occur upon Substantial Completion of the Parking Lot Improvements. "Tech buildingSubstantial Completion" and east or "Substantially Complete" is herein defined as the date upon which all of the following have been satisfied: (i) construction of the Parking Lot Improvements is complete, as determined by Landlord's construction contractor; (ii) Landlord has obtained all permits or approvals from the City of San Diego as may be necessary for the use of the Parking Lot Improvements as a parking lot and delivered evidence of same to 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 "Digital buildingG", or if they do not comply with then-applicable laws, 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 materials 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, Landlord shall assign to Tenant all warranties for the Parking Lot Improvements from Landlord's construction contractor and all warranties available at law or in equity and Landlord shall have no further obligations or liabilities to Tenant concerning the Parking Lot Improvements; however, Landlord shall cooperate with Tenant as necessary to enforce such warranties. For purposes of calculating the Rent for the Parking Lot, (a) "Acquisition Costs" where is defined as all reasonable costs and expenses incurred by Landlord in connection with or arising from the Demised Premises purchase of the Parking Lot including, without limitation, the purchase price, escrow and 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 locateddefined as all reasonable hard and soft costs incurred by Landlord in connection with or arising from the design and construction of the Parking Lot Improvements, which sealing including, without limitation, design, drafting, architecture and striping 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 Lot shall be performed paid in a Building standard mannermonthly installments equal to one-twelfth (1/12th) of the Rent described in Section 1.9 of the Summary of Basic Lease Information and Definitions.

Parking Lot. (1) The Real Property presently contains a parking lot (referred to as the "Parking Lot") with 1,800 parking spaces. Tenant shall be entitled have the exclusive right to twelve use of twenty (1220) exclusive parking spaces as reflected identified in the attached diagram (“Parking Spaces”) 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 Exhibit "2"the real property where the Premises are located, which is annexed hereto and made part hereof and to the nonexclusive useTenant shall have the right during any Term of this Lease, in common with other tenants Landlord on a first-come, first-served basis, to park the vehicles of Tenant and occupants Tenant’s employees, subtenants and invitees for use of the Building and their business visitors, of Premises for the remainder of Permitted Uses in the Parking Lot solely for (defined below) at Tenant’s sole risk and provided no such vehicles are parked in the parking Parking Lot overnight or between the hours of cars of Tenant's employees and business visitors on a first come first serve basis11:00 P.M. through 5:00 A. M. Notwithstanding the foregoing, 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 Landlord shall have the right to reconfigure 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 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 (including the exclusive spaces14) and add additional buildings days prior written notice prior to undertaking any construction in the Parking Lot and and/or during such times as work done by Landlord on or to the Parking Lot may increase materially interfere with Tenant’s use. In the event that Landlord undertakes any work to repair or reduce the number of spaces in extend the Parking Lot, so long as Landlord shall pursue and complete such work in a reasonably prompt manner and shall use reasonable efforts to minimize any such reconfiguration, and/or additional buildings do not diminish Tenant's rights to material interference with the use of parking spaces Tenant is otherwise entitled to hereunderspaces. No such reconfiguration, additional buildings or reduction in the number portion of space in the Parking Lot 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 any reason, including, but its employees or customers) and Tenant shall not limited to, the construction of additional buildings therein or any acquisition or condemnation set forth in Article TWELFTH, shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent or relieve Tenant from any of its obligations under this Lease require or impose any liability upon Owner, it agents, fee or upon charge for any lessor under any ground or underlying lease, or upon the holder use by Tenant’s subtenants and invitees of any mortgage. Tenant shall have no rights in and to the Parking Lot other than for the aforedescribed exclusive use and nonexclusive use, in common with other tenants and occupants and their business visitors, twenty (20) spaces reserved for Tenant and Tenant's business visitors its sub- tenants, guests and invitees. The Landlord will develop a plan to park their cars therein on a first come first service basisrestripe and realign parking places in the entire lot to accommodate as much parking as possible. Said plan will be reviewed with the Tenant prior to implementation. (2) On or about the Commencement Date, Owner shall seal and stripe that portion of the Parking Lot south of the "Tech building" and east of the "Digital building" where the Demised Premises is located, which sealing and striping shall be performed in a Building standard manner.

Parking Lot. (1a) The Real Property presently contains a parking lot (referred to as Actual Commencement Date for the "Parking Lot") with 1,800 parking spaces. Tenant Lot shall be entitled to twelve (12) exclusive parking spaces as reflected occur on Exhibit "2"August 1, which is annexed hereto and made part hereof and to the nonexclusive use1997, in common with other tenants and occupants of the Building and their business visitors, of the remainder notwithstanding that Substantial Completion of the Parking Lot solely Improvements may not have been completed as of such date. (b) The date that Tenant may exercise the self-help rights for the parking Phase 1 Areas set forth in Paragraph 3 of cars the First Amendment is extended to December 1, 1997. (c) Effective upon the Commencement Date under the Adjacent Lease (as the Commencement Date is defined in Section 1.6 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 the Summary to the Adjacent Lease): (5i) 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 shall be deleted from the Premises and become a portion of the Adjacent Premises, subject, however, to clause (including vi) below of this Section 5(c); (ii) Section 1.9 of the exclusive spaces) and add additional buildings in Summary to the Lease relating to Rent for the Parking Lot shall be deleted from the Lease; (iii) Landlord shall grant to Tenant easements for ingress and may increase egress over, and parking upon, the Adjacent Premises in accordance with 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 reduce before the number Commencement Date under the Adjacent Lease; (iv) Landlord delegates and assigns to Tenant all rights and obligations of spaces in 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 Lot, so long as any such reconfiguration, and/or additional buildings do not diminish Tenant's rights to ; (vi) for purposes of Section 17 of the parking spaces Tenant is otherwise entitled to hereunder. No such reconfiguration, additional buildings or reduction in the number of space in the Parking Lot for any reason, including, but not limited toLease, the construction of additional buildings therein or any acquisition or condemnation set forth in Article TWELFTH, shall Easement Area under the Declaration will be deemed to constitute an actual or constructive eviction, in whole or in part, or entitle 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 the Parking 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 Commencement Date, Owner shall seal and stripe that portion of the Parking Lot south of Premises; and (vii) in the "Tech building" event a prospective purchaser or lender for the Premises or Adjacent Premises requests an amendment to the Declaration, Tenant shall consent to any 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 east of the "Digital building" where the Demised Premises is located, which sealing and striping shall be performed in a Building standard mannernegotiating such amendment.

Parking Lot. (1) 13.9.1 The Real Property presently contains Renter may operate 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 Parking Lot Project and may increase confer rights of use in 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 space in the Parking Lot for any reason, including, but not limited to, the construction of additional buildings therein or any acquisition or condemnation set forth in Article TWELFTH, shall constitute an actual or constructive evictionrent it, in whole or in part, and/or specific or entitle Tenant 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 abatement or diminution way in favor of rent or relieve Tenant whoever it shall decide and for any period of time it shall decide and while charging separate charge from any of its obligations under this Lease or impose any liability upon Owneranyone to whom such areas have been designated, it agents, or upon any lessor under any ground or underlying lease, or upon and the holder of any mortgage. Tenant shall have no rights 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 other than or part thereof as a paid parking lot, whether by itself, through the aforedescribed exclusive use and nonexclusive 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 common with other tenants the Parking Lot and occupants change them from time to time, everything except for the Parking Spaces included in the Leasehold. [***] = Information that has been omitted and their business visitors, submitted separately to the Securities and Exchange Commission and for Tenant and Tenant's business visitors to park their cars therein on a first come first service basiswhich confidential treatment has been requested. (2) On 13.9.3 The Tenant warrants that the Renter has informed it that it has no right to use or about park in the Commencement Dateareas of the Project Parking Lot unless otherwise and explicitly agreed in this agreement, Owner and that conferring rights to use the Project Parking Lot shall seal be involved with terms and stripe that portion 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 Lot south of the "Tech building" and east of the "Digital building" where the Demised Premises is locatedAppendix, which sealing and striping Appendix A3, shall be performed in a Building standard mannerapply to them.