Common use of RETAIN APPROPRIATE Clause in Contracts

RETAIN APPROPRIATE. CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES IS LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. The Parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: Anaheim, Ca Executed at: Anaheim, Ca on: 12-28-98 on: 12-28-98 by LESSOR: by LESSEE: Ae Sil Park Dippy Foods, Inc. ------------ By: /s/ Ae Sil Park By: /s/ Xxx Xxxxxxxxx Name Printed: XXX XXXXXXXXX Name Printed: Ae Sil Park Title: President/CEO Title: PRESIDENT By: By: Name Printed: Ae Sil Park Name Printed: Xxx Xxxxxxxxx Title: Owner Title: President Address: 000 Xxx Xxxxx Xxxxxx, Xxxx, XX 00000 Address: 000 Xxxxxxx Xxx., Xxxxx 000, Xxxx Xxxxx, XX 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: ( ) Facsimile: ( ) Federal ID No. Federal ID No. CP3\RV4465\al NOTE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, 000 Xx. Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000. (213) 000-0000. Fax No. (000) 000-0000 ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS BETWEEN AE SIL PARK AND DIPPY FOODS, INC. DATED DECEMBER 16, 1998

RETAIN APPROPRIATE. CONSULTANTS TO CONSULTANTSTO REVIEW AND INVESTIGATE THE INVESTIGATETHE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: LIMITEDTO:THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES IS FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. TPF: April 29,2002 INITIALS: /s/ ML /s/ JK /s/ DK /s/ CG ------------- ------------- The Parties parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. LESSEE: Executed at: Anaheim0000 Xxxxxxxx Xxxxx, Ca Executed atXxxxxx Xxxxx, Xxxxxxxxxx Date: AnaheimApril 29, Ca on: 12-28-98 on: 12-28-98 by LESSOR: by LESSEE: Ae Sil Park Dippy Foods2002 DIGITAL THEATER SYSTEMS, Inc. ------------ By: /s/ Ae Sil Park INC., a Delaware Corporation By: /s/ Xxx Xxxxxxxxx Name Printed: XXX XXXXXXXXX Name Printed: Ae Sil Park Title: President/CEO Title: PRESIDENT By: By: Name Printed: Ae Sil Park Xxxxxxxx ----------------- Name Printed: Xxx Xxxxxxxxx Title: Owner Xxxxxxxx Title: President Address& Chief Executive Officer LESSEE: 000 Xxx Xxxxx XxxxxxExecuted at: 0000 Xxxxxxxx Xxxxx, XxxxXxxxxx Xxxxx, XX 00000 AddressXxxxxxxxxx Date: 000 Xxxxxxx Xxx4/29/02 DIGITAL THEATER SYSTEMS, INC., Xxxxx 000, Xxxx Xxxxx, XX 00000 Telephonea Delaware Corporation By: (000) 000-0000 Telephone/s/ Xxx Xxxxxxxx ----------------- Name Printed: (000) 000-0000 FacsimileXxx Xxxxxxxx Title: ( ) Facsimile: ( ) Federal ID No. Federal ID No. CP3\RV4465\al NOTE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, 000 Xx. Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000. (213) 000-0000. Fax No. (000) 000-0000 ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS BETWEEN AE SIL PARK AND DIPPY FOODS, INC. DATED DECEMBER 16, 1998Vice President & Chief Financial Officer LESSOR:

RETAIN APPROPRIATE. CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES IS FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. ________________________________________________________________________________ The Parties parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: AnaheimPasadena, Ca California Executed at: AnaheimMission Viejo, Ca California on: 12-28-98 5/5/97 on: 12-28-98 by 5/2/97 By LESSOR: by LESSEEBy LESSEE HOFFXXX XXXOCIATES NO. 5, MASIMO CORPORATION, a California limited partnership a Delaware corporation By: Ae Sil Park Dippy FoodsHoffxxx Xxxociates, Inc. ------------ By:____________________________________ General Partner Name Printed:__________________________ _________________________________ Title:_________________________________ By: /s/ Ae Sil Park JAMEX X. XXXX By: /s/ Xxx Xxxxxxxxx BRADXXX X. XXXXXXXX Xxxe Printed: Jamex X. Xxxx Name Printed: XXX XXXXXXXXX Name PrintedBradxxx X. Xxxxxxxx Xxxle: Ae Sil Park President Title: Vice President/CEO Title: PRESIDENT By: By: Name Printed: Ae Sil Park Name Printed: Xxx Xxxxxxxxx Title: Owner Title: President , Finance - CFO Address: 000 Xxx 225 Xxxxx Xxxx Xxxxxx, XxxxAddress: 23361 Madexx, Xxe. 100 Suite 1150 Mission Viejo, CA 92691 Pasaxxxx, XX 00000 Address: 000 Xxxxxxx Xxx., Xxxxx 000, Xxxx Xxxxx, XX 00000 TelephoneXxxephone: (000818) 000-0000 Telephone: (714) 000-0000 Xxxsimile: (818) 000-0000 Facsimile: ( (714) Facsimile: ( ) 000-0000 Xxxeral ID No. 95-3000000 Federal ID No. Federal ID No. CP3\RV4465\al NOTE33-0000000 XXTE: These forms are often modified to meet the changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, 000 700 Xx. Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000. (013) 687-0000. Xxx No. (213) 000-0000. Fax No. (000) 000-0000 PAGE 12 13 ADDENDUM TO STANDARD INDUSTRIAL/COMMERCIAL SINGLE-TENANT LEASE--GROSS LEASE DATED APRIL 25, 1997, BETWEEN AE SIL PARK HOFFXXX XXXOCIATES NO. 5, LESSOR, AND DIPPY FOODSMASIMO CORPORATION, INCLESSEE The following paragraphs are hereby incorporated by reference into the Lease and made a part thereof, as though fully set forth therein. DATED DECEMBER 16To the extent any of the paragraphs of this Addendum conflict with any preprinted portions of the Lease, 1998these typed paragraphs of tile Addendum shall control.