Common use of RECONFIGURATION/PARCEL MAP Clause in Contracts

RECONFIGURATION/PARCEL MAP. In connection with the Initial Development, Landlord has filed a parcel map that causes the airspace to be occupied by the Building to consist of one legal parcel, and the airspace to be occupied by each additional building in the Project to consist of a separate legal parcel, and the Project Garage and Project Common Area collectively to consist of a separate legal parcel (such parcel map being defined as the "Initial Parcel Map"). Landlord reserves the right, without incurring any liability to Tenant and without constituting an eviction (constructive or otherwise), and without entitling Tenant to any abatement of Rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease, to amend the Initial Parcel Map to reconfigure the parcels, even if such map would cause a reduction in the size of the Land, so long as the size of the building envelope in which the Building is or will be located is not materially affected by such action, the Project continues to be in compliance with all applicable Laws (including, without limitation, city parking requirements and other development approvals and land use regulatory requirements), Tenant's Permitted Use of the Premises as allowed by this Lease is not materially impaired thereby, and the Minimum Parking continues to be available to Tenant as provided in Paragraph 33. Tenant shall cooperate with Landlord in connection with any amendment to the Initial Parcel Map and/or any other subdivision or lot line adjustment process with respect to the Land or Project generally, provided that Tenant shall not be obligated to incur material costs in connection with such cooperation. In addition, at any time during the Term, Landlord may reduce the land and improvements that are included in the Project, subdivide the Project, or otherwise reconfigure the Project in any way, so long as in connection with such reconfiguration (other than in connection with the Initial Development) the size of the building envelope in which the Building is or will be located is not materially affected by such action, the Project continues to be in compliance with all applicable Laws (including, without limitation, city parking requirements and other development approvals and land use regulatory requirements), Tenant's Permitted Use of the Premises as allowed by this Lease is not impaired thereby, and the Minimum Parking continues to be available to Tenant as provided by Paragraph 33, and Tenant's access to the Premises is not materially impaired. Upon Landlord's request, Tenant shall execute and deliver any documents or instruments reasonably required in connection with any amendment to the Initial Parcel Map and/or any other subdivision or lot line adjustment process in connection with this Paragraph 1(e).

RECONFIGURATION/PARCEL MAP. In connection with the Initial Development, Landlord has filed a parcel map that causes the airspace to be occupied by the Building to consist of one legal parcel, and the airspace to be occupied by each additional building in the Project to consist of a separate legal parcel, and the Project Garage and Project Common Area collectively to consist of a separate legal parcel (such parcel map being defined as the "Initial Parcel Map"). Landlord reserves the right, without incurring any liability to Tenant and without constituting an eviction (constructive or otherwise), and without entitling Tenant to any abatement of Rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease, to amend the Initial Parcel Map to reconfigure the parcels, even if such map would cause a reduction in the size of the Land, so long as the size of the building envelope in which the Building is or will be located is not materially affected by such action, the Project continues to be in compliance with all applicable Laws (including, without limitation, city parking requirements and other development approvals and land use regulatory requirements), and, if such amendment is filed after a Reinstatement or Occupancy, Tenant's Permitted Use of the Premises as allowed by this Lease is not materially impaired thereby, thereby and the Minimum Parking continues to be available to Tenant as provided in Paragraph 33. Tenant shall cooperate with Landlord in connection with any amendment to the Initial Parcel Map and/or any other subdivision or lot line adjustment process with respect to the Land or Project generally, provided that Tenant shall not be obligated to incur material costs in connection with such cooperation. In addition, at any time during the Term, Landlord may reduce the land and improvements that are included in the Project, subdivide the Project, or otherwise reconfigure the Project in any way, so long as in connection with such reconfiguration (other than in connection with the Initial Development) the size of the building envelope in which the Building is or will be located is not materially affected by such action, the Project continues to be in compliance with all applicable Laws (including, without limitation, city parking requirements and other development approvals and land use regulatory requirements), and, if such actions occur after a Reinstatement or Occupancy, Tenant's Permitted Use of the Premises as allowed by this Lease is not impaired thereby, and the Minimum Parking continues to be available to Tenant as provided by Paragraph 33, and Tenant's access to the Premises is not materially impaired. Upon Landlord's request, Tenant shall execute and deliver any documents or instruments reasonably required in connection with any amendment to the Initial Parcel Map and/or any other subdivision or lot line adjustment process in connection with this Paragraph 1(e).

RECONFIGURATION/PARCEL MAP. In connection with the Initial Development, Landlord has filed a intends to file one or more parcel map maps that causes will, at Landlord's sole election, either (A) cause the airspace to be occupied by the Building (excluding the Phase I Garage) to consist of one legal parcel, and the airspace to be occupied by each additional building in the Project to consist of a separate legal parcel, and the Project Garage and Project Common Area collectively to consist of a separate legal parcel, or (B) cause Phase I to consist of one legal parcel and, if Landlord acquires any of the Additional Land, cause the Additional Land to consist of one or more separate legal parcels (any such parcel map being defined as the "Initial Parcel Map"). Any Initial Parcel Map shall be filed in Landlord's sole discretion. Landlord reserves the right, in connection with the filing of any Initial Parcel Map, without incurring any liability to Tenant and without constituting an eviction (constructive or otherwise), and without entitling Tenant to any abatement of Rent or to terminate this Lease or otherwise releasing Tenant from any of Tenant's obligations under this Lease, to amend reconfigure the parcels in any Initial Parcel Map Map, or to reconfigure the parcelsfile a different parcel map, even if such map would cause a reduction in the size of the Land, so long as the size of the building envelope in which the Building is or will be located is not materially affected by such action, the Project continues to be in compliance with all applicable Laws (including, without limitation, city parking requirements and other development approvals and land use regulatory requirements), Tenant's Permitted Use of the Premises as allowed by this Lease is not materially impaired thereby, and the Minimum Parking continues to be available to Tenant as provided in Paragraph 33. Landlord shall use commercially reasonable best efforts to minimize any additional assessments against the Project, any increases in Tenant's cost of occupancy and any reductions in Tenant's rights under this Lease (other than assessments, costs and limitations on Tenant's rights specifically contemplated by the DDA and/or this Lease), as a result solely of any conditions of approval associated with such reconfiguration or different parcel map, so long as in Landlord's reasonable business judgment, (i) such efforts will not materially and adversely interfere with Landlord's ability to obtain any necessary approvals or permits in connection with the development of or construction on any portion of the Project, or otherwise have a net detrimental impact on the Project, and (iii) the resulting savings in assessments and costs will exceed any economic detriment to the Project resulting from such efforts (such as by the imposition of additional conditions or requirements); provided, however, that Landlord shall not be liable to Tenant for failure to so minimize assessments, costs or limitations despite Landlord's commercially reasonable best efforts. Landlord shall deliver written notice to Tenant of any Initial Parcel Map and any resulting alteration of the boundaries of Phase I. Any reconfiguration of the Land shall be effective on the date any such Initial Parcel Map is filed. On the effective date of such Initial Parcel Map, the description of the Land and of Phase I shall automatically be revised (if applicable), and the terms and conditions of the original Lease shall remain in full force and effect except that any revised Exhibits A and/or B provided by Landlord to Tenant with its written notice reflecting the location of the newly configured Land and/or Phase I shall become part of this Lease. The Base Rent shall not be revised as a result of any Initial Parcel Map. Tenant shall cooperate with Landlord in connection with any amendment to the creation and filing of the Initial Parcel Map and/or any other subdivision or lot line adjustment process with respect to the Land or Project generally, provided that Tenant shall not be obligated to incur material costs in connection with such cooperation. In additionaddition to filing the Initial Parcel Map as provided herein, at any time during the Term, Landlord may reduce the land and improvements that are included in the Project, subdivide the Project, or otherwise reconfigure the Project in any way, so long as in connection with such reconfiguration (other than in connection with the Initial DevelopmentParcel Map) the size of the building envelope in which the Building is or will be located is not materially affected by such action, the Project continues to be in compliance with all applicable Laws (including, without limitation, city parking requirements and other development approvals and land use regulatory requirements), Tenant's Permitted Use of the Premises as allowed by this Lease is not impaired thereby, and the Minimum Parking continues to be available to Tenant as provided by Paragraph 33, and Tenant's access to cost of occupancy of the Premises is are not materially impairedincrease and/or Tenant's rights under this Lease are not materially diminished as a result solely of such reconfiguration (except as required by applicable governmental authority, quasi-governmental authority, or Laws), unless Tenant consents to such reconfiguration in writing in advance, which consent shall not be unreasonably withheld, conditioned or delayed. Upon Landlord's request, Tenant shall execute and deliver any documents or instruments reasonably required in connection with any amendment to the Initial Parcel Map and/or any other subdivision or lot line adjustment process in connection with this Paragraph 1(e1(d)(i).