Common use of Prohibited Uses Clause in Contracts

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for for: (i1) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; , (iii) offices of any health care professionals or service organizationintentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant usesuses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one person per 200 one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a so long as such amendments are commercially reasonable non-discriminatory mannerand Landlord provides written notice of such amendments to Tenant, or in violation of the laws laws, statutes, regulations, or other rules or requirements of the United States of America, the State of CaliforniaUtah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials Hazardous Materials (as defined below) or substancesto the Americans with Disabilities Act of 1990 (collectively, as those terms are defined by applicable laws now or hereafter in effectthe “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the BuildingBuilding or the Other Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one person per 200 rentable for each 150 square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”I), attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one (1) person per 200 for each 125 rentable square feet of the Premises; provided, however, that such density ratio shall be applicable to the entirety of the space then leased by Tenant in the Project (and shall not apply on a floor by floor basis). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws Applicable Laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the BuildingProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 Project (as the same may be amended from time to timecollectively, the “CC&R’sUnderlying Documents”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) operational offices of any health care professionals or service organizationorganization (i.e., for purposes of dispensing medical services on-site); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person five (5) persons per 200 each one thousand (1,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or materially obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the average occupancy density of use of for the Premises which to exceed the maximum occupancy as determined by the fire marshal or Applicable Laws, provided that Landlord makes no representation that the “HVAC,” as that term is defined in Section 6.1 below, has the capacity to accommodate an occupancy density greater than 1 one (1) person per 200 each 175 rentable square feet of floor area within the Premisesoffice space portion of the Premises (provided that Tenant properly designs and configures the Premises to distribute the HVAC within the Premises as part of the Tenant Improvements or in connection with future Alterations). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner(“Rules and Regulations”), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than 1 person per 200 rentable square feet the total number of parking passes granted to Tenant under this Lease (i.e., as more particularly set forth in Section 9 of the PremisesSummary). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner("Rules and Regulations"), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) medical offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any commonwealth or state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organizationorganization (operation of a biological research and testing lab as currently performed by Tenant excepted); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as commercial broadcast radio and/or or television stations, or ; (vii) an executive suites subleasing business telemarketing or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premisescall center; or (viii) collection agency. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “EXHIBIT D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or 17 in violation of the laws of the United States of America, the State Commonwealth of CaliforniaMassachusetts, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) Project including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, Hazardous Materials as those terms are defined by applicable laws now or hereafter in effectSUBSECTION 29.31.1 below. Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights rights, safety and quiet enjoyment of other tenants or occupants of the BuildingBuilding and the Project, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now Premises or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or health care service organizationorganization to the extent providing on-site health services to patients; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; provided, however, Landlord hereby agrees that intermittent training sessions conducted by or for Tenant (or any Permitted Transferee or any of Tenant’s Occupants) with respect to methods and procedures related to the biopharmaceutical industry and/or general business practices, shall not be so prohibited; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person five (5) persons per 200 each one thousand (1,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use or the operation of any restaurant usesoffering services to the public; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effectHazardous Substances. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. Except for small quantities customarily used in business offices, including that certain Master Declaration Tenant shall not cause or permit any Hazardous Substance to be kept, maintained, used, stored, produced, generated or disposed of Covenants, Conditions and Restrictions for La Jolla Commons recorded (into the sewage or waste disposal system or otherwise) on or in the Official Records of San Diego CountyPremises by Tenant or Tenant’s agents, California as Document Noemployees, contractors, invitees, assignees or sublessees, without first obtaining Landlord’s written consent. 2005-1043448 (as the same may be amended from time Tenant shall immediately notify, and shall direct Tenant’s agents, employees contractors, invitees, assignees and sublessees to time, the “CC&R’s”).immediately

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, (a) use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (viv) retail or restaurant uses; or (viv) communications firms such as radio and/or television stations, or and (viib) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises for retail banking operations, which is greater than 1 person per 200 rentable square feet shall include depository operations, issuance and sales of the Premisescertificates of deposit, or establishing and maintaining money market and savings accounts and other deposit-based accounts and investments. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person of its employees, agents, or persons contractors to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, D attached hereto, as the same may be reasonably and non-discriminatorily amended by Landlord from time to time in a commercially reasonable non-discriminatory mannertime, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit its employees, agents, or contractors to do anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit its employees, agents, or contractors to cause or maintain any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the ProjectProject and any rules, including that certain Master Declaration of Covenants, Conditions regulations and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as restrictions contained therein or promulgated thereunder; provided the same may be amended from time to time, do not unreasonably interfere with Tenant’s use of the “CC&R’s”)Premises as permitted under this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant’s use shall not allow result in an occupancy density of use of for the Premises which is greater than 1 person per 200 rentable square feet the total number of parking passes granted to Tenant under this Lease (i.e., as more particularly set forth in Section 9 of the PremisesSummary). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner(“Rules and Regulations”), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises; provided, however, that to Landlord’s knowledge regarding Tenant’s implementation of the Permitted Use set forth in Section 5 of the Summary, as of the date of this Lease Tenant’s Permitted Use complies with this Section 5.2. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for for: (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organizationintentionally omitted; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant usesuses (except as otherwise set forth in this Lease); (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one person per 200 one hundred fifty (150) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a so long as such amendments are commercially reasonable non-discriminatory mannerand Landlord provides written notice of such amendments to Tenant, or in violation of the laws laws, statutes, regulations, or other rules or requirements of the United States of America, the State of CaliforniaUtah, or the ordinances, rules, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials Hazardous Materials (as defined below) or substancesto the Americans with Disabilities Act of 1990 (collectively, as those terms are defined by applicable laws now or hereafter in effectthe “Laws”). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the BuildingBuilding or the Other Buildings, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any commonwealth or state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organizationorganization (operation of a biological research and testing lab as currently performed by Tenant excepted); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as commercial broadcast radio and/or or television stations, or ; (vii) an executive suites subleasing business telemarketing or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premisescall center; or (viii) collection agency. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “EXHIBIT D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State Commonwealth of CaliforniaMassachusetts, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) Project including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, Hazardous Materials as those terms are defined by applicable laws now or hereafter in effectSUBSECTION 29.31.1 below. Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights rights, safety and quiet enjoyment of other tenants or occupants of the BuildingBuilding and the Project, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now Premises or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) medical/operational offices (as opposed to general offices) of any health care professionals or service organizationprofessionals; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory mannertime, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use ·of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such the operation of a “Co-Working Facility,” as radio and/or television stationsthat term is defined below, or (vii) an executive suites subleasing business or operation. and Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet any Co-Working Facility to occupy all or any portion of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect, or any Underlying Documents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant’s rights and obligations under the Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. A “Co-Working Facility” means a shared working environment (that creates workplace/office solutions, with services) that often includes office space (including that certain Master Declaration of Covenantsexecutive/shared office suites, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego Countyan incubator-type office/facility, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”a flexible workplace center or virtual office space).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; , and/or (vi) communications firms such the operation of a "Co-Working Facility," as radio and/or television stationsthat term is defined below, or (vii) an executive suites subleasing business or operation. and Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet any Co-Working Facility to occupy all or any portion of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws Applicable Laws now or hereafter in effect, or any Underlying Documents. In the event of any conflict between the Rules and Regulations and the other provisions of this Lease, the latter shall control. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or unreasonably interfere with the rights of other tenants or occupants of the Building, or injure or unreasonably annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Txxxxx's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project. A "Co-Working Facility" means a shared working office space (including executive/shared office suites, including that certain Master Declaration an {3925-00031/01363433;7} -20- SHORES CENTERSoleno Therapeutics, Inc. incubator-type office/facility, a flexible workplace center or virtual office space) for the purposes of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005licensing to third-1043448 (as the same may be amended from time to time, the “CC&R’s”)party users.

Prohibited Uses. The uses prohibited under this Lease Tenant shall include, without limitation, not use nor permit the use of the Leased Premises for any other or additional purpose that is not, during the Term of this Agreement or any extension option period, a portion thereof for (i) offices of any agency Permitted Development Use or bureau Permitted Operational Use, without first obtaining the prior written consent of the United States City, which consent may be granted, withheld, conditioned or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operationdelayed in City’s sole and absolute discretion. Tenant shall not allow occupancy density of acknowledges that the use of the Leased Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not usesubject to all statutes, or suffer or permit any person or persons to uselaws, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”treaties, attached heretorules, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such lawscodes, ordinances, regulations regulations, permits, interpretations, certificates or requirements relating orders of any governmental entity, or any judgments, decisions, decrees, injunctions, writes, orders or like actions of any court, arbitrator, or other Federal, State or local governmental entity (hereafter the “Governmental Rules“) at any time applicable to hazardous materials the Leased Premises and improvements thereon and that nothing in this Article V or substances, as those terms are defined elsewhere in this Agreement shall constitute or be deemed to constitute a waiver by applicable laws now the City of the performance of its governmental functions or hereafter in effectof any such Governmental Rules or of the duty of Tenant to comply with such Governmental Rules. Tenant agrees that it shall not do or permit anything to be done in or about (collectively, the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or “Prohibited Uses“): (a) use or allow the Leased Premises to be used for the sale or display of any improperpornographic material or material which is obscene under standards set forth in any Governmental Rules or operate, unlawful or objectionable purposeallow any person to operate, nor shall Tenant in, on or about the Leased Premises, any store or other facility a principal or significant portion of the business of which is a “sexually oriented business” as such term is defined in the City Codes or similar business; (b) use or allow the Leased Premises to be used for the display of lewd, offensive or immoral sign or advertisement, including any sign or advertisement that promotes lewd, offensive or immoral activities, including sexually immoral activities; (c) use or allow the Leased Premises to be used for the sale of paraphernalia or other equipment or apparatus which is used primarily in connection with the taking or use of illegal drugs; (d) use or permit the Leased Premises to be used for the public display or public or private sale of guns or other weapons, ammunition, explosives or fireworks; (e) use or permit the Leased Premises to be used as a gentlemen’s club (or other similar establishment which allows full or partial nudity), a massage parlor (provided that massage services offered by a licensed massage therapist as part of a health, beauty or fitness operation that is otherwise a Permitted Use will be permitted); (f) recognizing the nature of the Mixed Use Improvements as an urban style mixed-use building that may include retail, restaurant, office, commercial, residential and/or specialty uses, engage in activities on or in the Leased Premises that create material and unreasonable dust, noise, odors, traffic hazards or other effects that unreasonably disturb the use and enjoyment of the neighboring properties or the general public; (g) use, generate, manufacture, produce, store, treat or dispose of hazardous materials (other than the use, storage and disposal of hazardous materials customarily used, stored or disposed of in the operation or cleaning of facilities within a mixed-use development, so long as such hazardous materials are used, stored and disposed of in compliance with all applicable Governmental Rules); (h) cause or permit undue accumulations of garbage, trash, rubbish or any other refuse in, on or about the Leased Premises; (i) create, cause, maintain or permit any public or private nuisance in, on or about the Leased Premises. Tenant shall comply ; and (j) use or permit the Leased Premises to be used for the sale of vaping devices or e-cigarettes or other equipment or apparatus which is used primarily in connection with all recorded covenantsthe taking or use of nicotine, conditionsprovided, and restrictions now or hereafter affecting the Projecthowever, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, sold in any convenience store located on the “CC&R’s”)Leased Premises.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for therefor (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) medical/operational offices (as opposed to general offices) of any health care professionals or service organizationprofessionals; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereofthereof to the extent Landlord reasonably determines the same is not consistent with the quality of the Project as a first-class, institutional quality office project; (ii) offices or agencies of any foreign governmental or political subdivision thereofthereof to the extent Landlord reasonably determines the same is not consistent with the quality of the Project as a first-class, institutional quality office project; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother general office tenants of Comparable Buildings. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, --------------- without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, --------- attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Notwithstanding anything in this Section 5.2 to the contrary, Landlord hereby agrees that the Rules and Regulations shall not be discriminatorily enforced against Tenant and Tenant shall be provided prior notice of any changes thereto. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than 1 person five (5) persons per 200 1,000 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner("Rules and Regulations"), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which which, in Landlord’s reasonable discretion, will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person five (5) persons per 200 one thousand (1,000) rentable square feet of the Premises; provided, however, under no circumstances shall Tenant use, or be entitled to, more parking than the ratio set forth in Section 10 of the Summary. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person seven (7) persons per 200 rentable 1,000 usable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “EXHIBIT D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) Project including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant Landlord acknowledges and agrees that Tenant's use of the Premises for first class general office use is not a prohibited use under this Section. Landlord shall use reasonable efforts to cause other tenants or occupants of the Project to comply with all recorded covenantsRules and Regulations and to avoid any unreasonable, conditions, material interference of Tenant's use of the Premises as a result of the failure of such other tenants or occupants to comply with the Rules and restrictions now or hereafter affecting Regulations. Landlord shall have the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended right from time to timetime upon written notice to Tenant to reasonably modify the Rules and Regulations, attached to and made a part of this Lease as EXHIBIT D, provided that the Rules and Regulations shall not be changed or revised or enforced in any unreasonable way by Landlord, nor enforced or changed by Landlord in such a way as to substantially interfere with "Tenant's Lease Rights," as that term is defined in Section 1.1.4 of this Lease. In the event of any conflict between this XXXXXX REALTY [999 North Xxxxxxxxx] [Encore Software] Lease and this Rules and Regulations, the “CC&R’s”)Lease shall prevail and control and the inconsistent provisions of the Rules and Regulations shall not be inapplicable to Tenant.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail use or the operation of any restaurant usesoffering services to the public; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effectHazardous Substances. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project. Except for small quantities customarily used in business offices, including that certain Master Declaration Tenant shall not cause or permit any Hazardous Substance to be kept, maintained, used, stored, produced, generated or disposed of Covenants, Conditions and Restrictions for La Jolla Commons recorded (into the sewage or waste disposal system or otherwise) on or in the Official Records Premises by Tenant or Tenant's agents, employees, contractors, invitees, assignees or sublessees, without first obtaining Landlord's written consent. Tenant shall immediately notify, and shall direct Tenant's agents, employees contractors, invitees, assignees and sublessees to immediately notify, Landlord of San Diego Countyany incident in, California on or about the Premises, the Building or the Project that would require the filing of a notice under any federal, state, local or quasi-governmental law (whether under common law, statute or otherwise), ordinance, decree, code, ruling, award, rule, regulation or guidance document now or hereafter enacted or promulgated, as Document No. 2005-1043448 (as the same may be amended from time to time, in any way relating to or regulating any Hazardous Substance. As used herein, "Hazardous Substance" means any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by any local government, the “CC&R’s”)State of California, or the United States government. "Hazardous Substance" includes any and all material or substances which are defined as "hazardous waste," "extremely hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental law. "Hazardous Substance" also includes asbestos, polychlorobiphenyls (i.e., PCB's) and petroleum.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) broadcast communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, C. attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, Hazardous Materials (as those terms are defined by applicable laws now or hereafter in effectArticle 22 hereof). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than 1 person six (6) persons per 200 1,000 rentable square feet of (Tenant acknowledging that such occupancy density exceeds the Premisesavailable Parking Pass Ratio and does not create an express or implied right to increased parking). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner("Rules and Regulations"), the current set of which (as of the date of this Lease) isattached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substancessubstances ("Hazardous Materials"), as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (ivvi) schools radio and/or television stations; or other training facilities which are not ancillary to corporate, executive or professional office use; (vvi) retail or restaurant uses; uses (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. other than food service for Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premisesand Tenant’s employees and invitees). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, (as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, defined below); or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws“Environmental Laws” (as defined below) (collectively, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. “Laws”); Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Notwithstanding the foregoing provisions of this Section 5.2 to the contrary, Tenant shall need not comply with all recorded covenantsany Laws so long as Tenant is contesting the validity thereof or the applicability thereof in accordance with the remainder of this Section 5.2. Tenant, conditionsat its expense, after notice to Landlord, may contest by appropriate proceedings prosecuted diligently and in good faith, the validity or applicability of any Laws with which Tenant is responsible for compliance hereunder, provided that (a) the condition which is the subject of such contest does not pose a danger to persons or property, (b) the certificate of occupancy or other occupancy permit for the Premises or the Project is neither subject to being suspended nor threatened to be suspended by reason of non-compliance or otherwise by reason of such contest, and restrictions now (c) Landlord is not subject to criminal penalty or hereafter affecting the Project, including that certain Master Declaration to prosecution for a crime by reason of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records Tenant’s non-compliance or otherwise by reason of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”)such contest.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “EXHIBIT D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall includeinclude any use other than the Permitted Use, provided that notwithstanding anything in Section 7 of the Summary to the contrary, the Permitted Use shall specifically exclude, without limitation, the use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or health care service organizationorganization (except to the extent utilized primarily for general office purposes); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or stations (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of except to the Premises which is greater than 1 person per 200 rentable square feet of the Premisesextent utilized primarily for general office purposes). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration Project as of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records date of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”)this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail (excluding retail banking ) or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, D. attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county country governing body or other lawful authorities having jurisdiction over the Project) Project including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, . on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices the operation of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporatea "Flexible Workplace Center," as that term is defined below, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. and Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet any Flexible Workplace Center to occupy all or any portion of the Premises. A "Flexible Workplace Center" means a flexible workplace environment where the primary business conducted is as a provider of co­working or executive/shared office suites or a flexible workplace center or virtual office space (e.g., WeWork). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect, or any Underlying Documents. Tenant shall not allow the use of the Premises in violation of any of the exclusive uses set forth on Exhibit D-1 attached hereto. Tenant shall not do or permit anything to be done in or about the Premises which will in any way would reasonably be expected to materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with with, and Tenant's rights and obligations under the Lease and Tenant's use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals practitioners or service organizationorganization to health care practitioners; (iv) schools or other training facilities which are not ancillary to Tenant's business or corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of for the Premises which is greater than 1 person six (6.0) persons per 200 rentable each one thousand (1,000) usable square feet of the Premisesfeet. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner("Rules and Regulations"), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, improper or unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or related medical service organization; (iv) schools or other training facilities which are not ancillary to the 692500.09/WLA371593-00023/6-13-12/ao/ao -00- XXX XXXXXX[Xxxxxx Realty, L.P.][Concur Technologies, Inc.] Permitted Use set forth in Section 7 of the Summary or any corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant's use shall not allow result in an occupancy density of use of for the Premises which is greater than 1 person seven (7) persons per 200 each one thousand (1,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner("Rules and Regulations"), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of CaliforniaWashington, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care bank, healthcare professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office research and development use; or (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the "Rules and Regulations Regulations" set forth in Exhibit “D”C, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or materially obstruct or interfere with the rights of other tenants or occupants of the BuildingProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance or adverse health or life safety issue in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premisesdensity limitation provided by applicable Law or any covenants, conditions, and restrictions now or hereafter affecting the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory mannertime, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, improper or unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration copies of Covenantswhich have been provided to Tenant or, Conditions with regard to future covenants, conditions and Restrictions for La Jolla Commons recorded in the Official Records restrictions, as to which Landlord has provided Tenant with a written copy. To Landlord’s actual knowledge, without any duty of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to timeinvestigation or inquiry, the “CC&R’s”)recorded covenants, conditions, and restrictions affecting the Project as of the Effective Date are referenced on Exhibit G attached hereto.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or retail, restaurant uses, food service establishment, drive-in or walk-up eating facility (provided that the foregoing item (v) shall not be deemed to prohibit Tenant from catering meals in the Premises for consumption by Tenant’s employees in the ordinary course and practice of Tenant’s business, which shall be permitted); or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substancessubstances (as defined in Section 29.40.1, as those terms are defined by applicable laws now or hereafter in effectbelow). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now not commit or hereafter affecting suffer to be committed any waste in or upon the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”)Premises.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 Project (as the same may be amended from time to timecollectively, the “CC&R’s”"UNDERLYING DOCUMENTS"), Tenant agrees that Landlord may, without Tenant's prior consent, modify the terms of the Underlying Documents without affecting Tenant's obligation to comply with the terms thereto, so long as such modifications do not materially, adversely affect Tenant's rights or materially, adversely affect or monetarily increase Tenant's obligations thereunder.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the occupancy density that can be reasonably supported by the Building Systems (taking into consideration any supplemental systems installed by Tenant) or which would result in the use of more Project parking spaces than provided to Tenant under the Premisesterms of this Lease (taking into consideration any offsite parking programs enacted by Tenant). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of *** Confidential portions of this document have been redacted and filed separately with the Commission. the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or unreasonably annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the average occupancy density of use of the total Premises which is greater than 1 person four (4) persons per 200 thousand (4:1000) rentable square feet of space located in the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”EXHIBIT E, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or unreasonably annoy them or use or allow the Premises to be used for any improper, unlawful or reasonably objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall --------------- include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”C, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) Project including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the BuildingBuilding or the Project, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall includeinclude any use other than the Permitted Use, provided that notwithstanding anything in Section 7 of the Summary to the contrary, the Permitted Use shall specifically exclude, without limitation, the use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or health care service organizationorganization (except to the extent utilized primarily for general office purposes); (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or stations (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of except to the Premises which is greater than 1 person per 200 rentable square feet of the Premisesextent utilized primarily for general office purposes). Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “EXHIBIT D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration Project as of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records date of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”)this Lease.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, XXXXXX REALTY Del Mar Corporate Centre II [DermTech, Inc.] 0000-0000-0000.7 377185.00017/7-1-21/gjn/gjn or suffer or permit any person or persons under its control to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner("Rules and Regulations"), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will (x) unreasonably interfere with the normal and customary conduct of Tenant's business or Tenant rights of access, or (y) or otherwise decrease Tenant’s rights, or increase Tenant’s obligations hereunder (other than on a de minimis basis). Tenant shall not do or permit any person or persons under its control to do anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the BuildingBuilding or Project, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow the occupancy density of use of within the Premises which is greater than 1 person to regularly exceed a ratio of five (5) persons per 200 each 1,000 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose (1) contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner(“Rules and Regulations”), or the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; (2) in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; or (3) in violation of any exclusive use now or hereafter in effect of which Landlord has given Tenant written notice (including, without limitation, the exclusive uses described on Exhibit F attached hereto). Tenant shall not bring upon the Premises or any portion of the Building or use the Premises or permit the Premises or any portion thereof to be used for the growing, manufacturing, administration, distribution (including without limitation, any retail sales), possession, use or consumption of any cannabis, marijuana or cannabinoid product or compound, regardless of the legality or illegality of the same. Notwithstanding the foregoing, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply not use or operate the Premises in any manner that will cause the Building or any part thereof not to conform with all recorded covenants, conditions, and restrictions now Landlord’s sustainability practices or hereafter affecting the Project, including that certain Master Declaration certification of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California Building issued pursuant to any Third Party Sustainability Standard applicable to the Building at any time as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”)determined by Landlord.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant’s use shall not allow result in an occupancy density of use of the Premises which (i) is materially greater than 1 person per 200 rentable square feet that which is typically found in first class office space at the Comparable Buildings, (ii) impacts the Building Systems and the parking facility serving the Building such that the same cannot reasonably support such level of usage, (iii) materially and adversely interferes with the neighboring tenant’s use of the Premises5010 Building, and (iv) will violate Applicable Laws. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner(“Rules and Regulations”), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business. Tenant shall not do or permit 702009.06/WLA -29- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) traditional communications firms such as radio and/or television stationsstations (provided that this shall not limit the communications uses described in Section 5.1 above), or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time (subject to the limitations on those amendments contained in a commercially reasonable non-discriminatory mannerExhibit D, attached hereto), or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including so long as any such covenants, conditions and restrictions executed after the date of this Lease do not materially and adversely affect Tenant's access to the Premises or use of the Premises for the Permitted Use or materially and unreasonably derogate from the rights of Tenant under this Lease. Tenant agrees that certain Master Declaration the Premises shall not be used for the use, growing, producing, processing, storing (short or long term), distributing, transporting, or selling of Covenantscannabis, Conditions cannabis derivatives, or any cannabis containing substances ("Cannabis"), or any office uses related to the same, nor shall Tenant permit, allow or suffer, any of Tenant's officers, employees, agents, servants, licensees, subtenants, concessionaires, contractors and Restrictions for La Jolla Commons recorded in invitees to bring any Cannabis onto the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to timePremises, the “CC&R’s”)Building or any portion of the Project. Without limiting the foregoing, the prohibitions in this paragraph shall apply to all Cannabis, whether such Cannabis is legal for any purpose whatsoever under state or federal law or both.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant's business. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization, excluding the Wellness Center (as that term is defined in Section 5.5 below); (iv) schools radio and/or television stations; or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; uses (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. other than the Permitted Retail Use in the Retail Space and food service for Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premisesand Tenant's employees and invitees). Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth (as defined in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, Section 29.39 below); or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws"Environmental Laws" (as defined below) (collectively, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. "Laws"); Tenant shall not do or permit anything to be done in or about the Premises which will in any material way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Notwithstanding the foregoing provisions of this Section 5.2 to the contrary, Tenant shall need not comply with all recorded covenantsany Laws so long as Tenant is contesting the validity thereof or the applicability thereof in accordance with the remainder of this Section 5.2. Tenant, conditionsat its expense, after notice to Landlord, may contest by appropriate proceedings prosecuted diligently and in good faith, the validity or applicability of any Laws with which Tenant is responsible for compliance hereunder, provided that (a) the condition which is the subject of such contest does not pose a danger to persons or property, (b) the certificate of occupancy or other occupancy permit for the Premises or the Project is neither subject to being suspended nor threatened to be suspended by reason of non-compliance or otherwise by reason of such contest, and restrictions now (c) Landlord is not subject to criminal penalty or hereafter affecting the Project, including that certain Master Declaration to prosecution for a crime by reason of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records Tenant's non-compliance or otherwise by reason of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”)such contest.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one person per 200 for each 150 rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for for: (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iiiii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one person per 200 rentable for each 100 square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”B, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the ProjectBuilding) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project Building or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet of the Premisesthat permitted pursuant to applicable law. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or health service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) broadcast communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one person per 200 one hundred fifteen (115) rentable square feet of the PremisesPremises on average. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of Americaany laws, the State of Californiastatutes, or the ordinances, regulations or other requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the ProjectProject now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”) including, without limitation, any such laws, ordinances, regulations or requirements Applicable Laws relating to hazardous materials or substances, Hazardous Materials (as those terms are defined by applicable laws now or hereafter in effecthereinafter defined). Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or unreasonably obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including . Landlord covenants that certain Master Declaration of Covenants, Conditions it shall enforce the Rules and Restrictions for La Jolla Commons recorded Regulations in the Official Records of San Diego County, California as Document No. 2005a non-1043448 (as the same may be amended from time to time, the “CC&R’s”)discriminatory manner.

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant Tenant’s use shall not allow result in an occupancy density of use of for the Premises which is greater than 1 person four (4) persons per 200 each one thousand (1,000) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant it shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended regulations reasonably promulgated by Landlord from time to time in a commercially reasonable non-discriminatory manner(“Rules and Regulations”), the current set of which (as of the date of this Lease) is attached to this Lease as Exhibit D; or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) , including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business or Tenant’s use of the Premises for the Permitted Use or access to or from the Premises. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) medical offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 one (1) person per 200 one hundred twenty-five (125) rentable square feet of the Premises. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect; provided, however, Landlord shall not enforce, change or modify the Rules and Regulations in a discriminatory manner and Landlord agrees that the Rules and Regulations shall not be unreasonably modified or enforced in a manner which will unreasonably interfere with the normal and customary conduct of Tenant’s business or materially increase Tenant’s economic obligations under this Lease. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of California, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the BuildingProject, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).

Prohibited Uses. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) offices of any health care professionals or service organization; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; or (vi) communications firms such as radio and/or television stations, or (vii) an executive suites subleasing business or operation. Tenant shall not allow occupancy density of use of the Premises which is greater than 1 person per 200 rentable square feet the average density of the Premisesother tenants of the Building. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations set forth in Exhibit “EXHIBIT D”, attached hereto, as the same may be amended by Landlord from time to time in a commercially reasonable non-discriminatory manner, or in violation of the laws of the United States of America, the State of CaliforniaTexas, or the ordinances, regulations or requirements of the local municipal or county governing body or other lawful authorities having jurisdiction over the Project) including, without limitation, any such laws, ordinances, regulations or requirements relating to hazardous materials or substances, as those terms are defined by applicable laws now or hereafter in effect. Tenant shall not do or permit anything to be done in or about the Premises which will in any way materially damage the reputation of the Project or obstruct or interfere with the rights of other tenants or occupants of the Building, or injure or annoy them or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all recorded covenants, conditions, and restrictions now or hereafter affecting the Project, including that certain Master Declaration of Covenants, Conditions and Restrictions for La Jolla Commons recorded in the Official Records of San Diego County, California as Document No. 2005-1043448 (as the same may be amended from time to time, the “CC&R’s”).