Common use of Subordination to CC&R’s Clause in Contracts

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Center or any portion thereof from time to time, provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the Center, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) of the Center covered by such declarations or restrictions, (b) to the Declaration of Covenants, Conditions and Restrictions for Pointe Grand Business Park dated November 4, 1991 and recorded on February 25, 1992 as Instrument No. 92025214, Official Records of San Mateo County, as amended from time to time (the “Master Declaration”), the provisions of which Master Declaration are an integral part of this Lease, (c) to the Declaration of Covenants, Conditions and Restrictions dated November 23, 1987 and recorded on November 24, 1987 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (d) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 97-043682, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Center (or any portion thereof thereof) from time to time, provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the Center, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) of the Center covered by such declarations or restrictionsdeclaration(s). Moreover, this Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed 27. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. hereby and thereby shall also be subject and subordinate (ba) to the Declaration of Covenants, Conditions and Restrictions for Pointe Grand Business Park dated November 4, 1991 and recorded on February 25, 1992 as Instrument No. 92025214, Official Records of San Mateo County, as amended from time to time (the “Master Declaration”), the provisions of which Master Declaration are an integral part of this LeaseLease to the extent this sentence is applicable, (cb) to the Declaration of Covenants, Conditions and Restrictions dated November 23, 1987 and recorded on November 24, 1987 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (dc) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 97-043682, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing such subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby thereby, shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Property or the Center or any portion thereof from time to time, which may include easements, access rights and similar non-exclusive use rights and privileges in favor of appropriate third parties; provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the CenterProperty, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) portions of the Center, and provided further that except with Tenant’s prior written consent, Landlord shall not enter into any such future declarations of covenants, conditions and restrictions or other recorded restrictions that are applicable, by their terms, solely to one or more of the buildings occupied by or leased to Tenant under this Lease (including any buildings occupied by or leased to Tenant pursuant to Tenant’s exercise of any of the rights contained in Article 6 of this Lease) and not to any buildings occupied by or leased to other tenants in the Center covered by such declarations or restrictionsor, if Tenant exercises its rights under Section 6.3 of this Lease, on the Expansion Property; (b) to the Declaration of Covenants, Conditions and Restrictions and Reciprocal Easements for Pointe Grand Business Park Shearwater Project dated November 4January 21, 1991 1998 and recorded on February 25January 22, 1992 1998 as Instrument No. 9202521498-008277, Official Records of San Mateo County, as amended from time to time (the “Master Shearwater Declaration”), the provisions of which Master Shearwater Declaration are an integral part of this Lease, ; and (c) to the Declaration Covenant and Environmental Restriction dated as of CovenantsJanuary 26, Conditions and Restrictions dated November 23, 1987 1998 and recorded on November 24February 3, 1987 1998 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (d) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 9798-043682013813, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction imposes certain covenants, conditions and restrictions on the Pointe Grand Business Parkreference. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby thereby, shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Property or the Center or any portion thereof from time to time, which may include easements, access rights and similar non-exclusive use rights and privileges in favor of appropriate third parties; provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s 's ability to conduct the uses permitted hereunder on the Premises and in the CenterProperty, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) portions of the Center, and provided further that except with Tenant's prior written consent, Landlord shall not enter into any such future declarations of covenants, conditions and restrictions or other recorded restrictions that are applicable, by their terms, solely to one or more of the buildings occupied by or leased to Tenant under this Lease (including any buildings occupied by or leased to Tenant pursuant to Tenant's exercise of any of the rights contained in Article 6 of this Lease) and not to any buildings occupied by or leased to other tenants in the Center covered by such declarations or restrictionsor, if Tenant exercises its rights under Section 6.3 of this Lease, on the Expansion Property; (b) to the Declaration of Covenants, Conditions and Restrictions and Reciprocal Easements for Pointe Grand Business Park Shearwater Project dated November 4January 21, 1991 1998 and recorded on February 25January 22, 1992 1998 as Instrument No. 9202521498-008277, Official Records of San Mateo County, as amended from time to time (the “Master "Shearwater Declaration”" ), the provisions of which Master Shearwater Declaration are an integral part of this Lease, ; and (c) to the Declaration Covenant and Environmental Restriction dated as of CovenantsJanuary 26, Conditions and Restrictions dated November 23, 1987 1998 and recorded on November 24February 3, 1987 1998 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (d) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 9798-043682013813, Official Records of San Mateo County, as amended from time to time (the “"Environmental Restriction”" ), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction imposes certain covenants, conditions and restrictions on the Pointe Grand Business Parkreference. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby thereby, shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Property or the Center or any portion thereof from time to time, which may include easements, access rights and similar non-exclusive use rights and privileges in favor of appropriate third parties; provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s 's ability to conduct the uses permitted hereunder on the Premises and in the CenterProperty, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) portions of the Center, and provided further that except with Tenant's prior written consent, Landlord shall not enter into any such future declarations of covenants, conditions and restrictions or other recorded restrictions that are applicable, by their terms, solely to one or more of the buildings occupied by or leased to Tenant under this Lease (including any buildings occupied by or leased to Tenant pursuant to Tenant's exercise of any of the rights contained in Article 6 of this Lease) and not to any buildings occupied by or leased to other tenants in the Center covered by such declarations or restrictionsor, if Tenant exercises its rights under Section 6.3 of this Lease, on the Expansion Property; (b) to the Declaration of Covenants, Conditions and Restrictions and Reciprocal Easements for Pointe Grand Business Park Shearwater Project dated November 4January 21, 1991 1998 and recorded on February 25January 22, 1992 1998 as Instrument No. 9202521498-008277, Official Records of San Mateo County, as amended from time to time (the “Master "Shearwater Declaration”"), the provisions of which Master Shearwater Declaration are an integral part of this Lease, ; and (c) to the Declaration Covenant and Environmental Restriction dated as of CovenantsJanuary 26, Conditions and Restrictions dated November 23, 1987 1998 and recorded on November 24February 3, 1987 1998 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (d) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 9798-043682013813, Official Records of San Mateo County, as amended from time to time (the “"Environmental Restriction”"), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction imposes certain covenants, conditions and restrictions on the Pointe Grand Business Parkreference. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Center or any portion thereof Property from time to time, provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the CenterProperty, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) portions of the Center property covered by such declarations or restrictionsdeclaration(s). Moreover, to the extent Tenant at any time occupies pursuant to this Lease any property which is part of the Pointe Grand Business Park as defined in the recorded documents described in this sentence, this Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall also be subject and subordinate (ba) to the Declaration of Covenants, Conditions and Restrictions for Pointe Grand Business Park dated November 4, 1991 and recorded on February 25, 1992 as Instrument No. 92025214, Official Records of San Mateo County, as amended from time to time (the “Master Declaration”), the provisions of which Master Declaration are an integral part of this LeaseLease to the extent this sentence is applicable, (cb) to the Declaration of Covenants, Conditions and Restrictions dated November 23, 1987 and recorded on November 24, 1987 as Instrument No. 87177987, Official Records of San Mateo County, as amended from time to time, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (dc) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 97-043682, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”)time, the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing such subordination.

Subordination to CC&R’s. (a) This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall be subject and subordinate (ai) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Center or any portion thereof from time to time, provided that the terms of such declarations or restrictions are reasonable (or, time approved by Tenant pursuant to the extent they are not reasonable, are mandated by applicable lawSection 16.4(b), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the Center, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) of the Center covered by such declarations or restrictionsbelow, (bii) to the Declaration Environmental Deed Restrictions, and (iii) to certain recorded restrictions prohibiting the use of Covenantsthe Property for residential purposes, Conditions and Restrictions for Pointe Grand Business Park dated November 4as set forth in instruments recorded December 9, 1991 1902 in Book 96 of Deeds at Page 84, recorded April 28, 1920 in Book 294 of Deeds at Page 23, and recorded on February 25May 22, 1992 as Instrument No. 920252141920 in Book 293 of Official Records at Page 174, Official Records of San Mateo County, as amended from time to time (the “Master Declaration”), the provisions copies of each of which Master Declaration are an integral part of this Lease, (c) Landlord has delivered to Tenant prior to the Declaration of Covenants, Conditions and Restrictions dated November 23, 1987 and recorded on November 24, 1987 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (d) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 97-043682, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction imposes certain covenants, conditions and restrictions on the Pointe Grand Business Parkdate hereof. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing subordination. (b) Landlord shall not enter into any covenants, conditions and restrictions or other written agreements now or hereafter encumbering or running with, or adversely affecting Tenant’s use of, the Property, or grant any liens or encumbrances applicable to the Property (except for any lien of any mortgage, deed of trust, ground lease or other security arrangement), without the prior written consent of Tenant (unless such covenants, conditions and restrictions or other written agreements are required by applicable governmental authorities), which consent (i) may not be unreasonably withheld, conditioned or delayed by Tenant during the Post-Exclusivity Period, or (ii) may be withheld in Tenant’s sole and absolute discretion during the Security/CAM Exclusivity Period . Notwithstanding the foregoing, Landlord and Tenant shall mutually and reasonably agree to the terms of covenants, conditions and restrictions required pursuant to any parcelization of the Center pursuant to Tenant’s exercise of any purchase option under the Master Agreement.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby thereby, shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Property or the Center or any portion thereof from time to time, which may include easements, access rights and similar non-exclusive use rights and privileges in favor of appropriate third parties; provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the CenterProperty, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) portions of the Center, and provided further that except with Tenant’s prior written consent. Landlord shall not enter into any such future declarations of covenants, conditions and restrictions or other recorded restrictions that are applicable, by their terms, solely to one or more of the buildings occupied by or leased to Tenant under this Lease (including any buildings occupied by or leased to Tenant pursuant to Tenant’s exercise of any of the rights contained in Article 6 of this Lease) and not to any buildings occupied by or leased to other tenants in the Center covered by such declarations or restrictionsor, if Tenant exercises its rights under Section 6,3 of this Lease, on the Expansion Property; (b) to the Declaration of Covenants, Conditions and Restrictions and Reciprocal Easements for Pointe Grand Business Park Shearwater Project dated November 4, 1991 January 21,1998 and recorded on February 25January 22, 1992 1998 as Instrument No. 9202521498-008277, Official Records of San Mateo County, as amended from time to time (the “Master Shearwater Declaration”), the provisions of which Master Shearwater Declaration are an integral part of this Lease, ; and (c) to the Declaration Covenant and Environmental Restriction dated as of CovenantsJanuary 26, Conditions and Restrictions dated November 23, 1987 1998 and recorded on November 24February 3, 1987 1998 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (d) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 9798-043682013813, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction imposes certain covenants, conditions and restrictions on the Pointe Grand Business Parkreference. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Center or any portion thereof Property from time to time, provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the CenterProperty, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) portions of the Center property covered by such declarations or restrictionsdeclaration(s). Moreover, this Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall also be subject and subordinate (ba) to the Declaration of Covenants, Conditions and Restrictions for Pointe Grand Business Park dated November 4, 1991 and recorded on February 25, 1992 as Instrument No. 92025214, Official Records of San Mateo County, as amended from time to time (the “Master Declaration”), the provisions of which Master Declaration are an integral part of this LeaseLease to the extent this sentence is applicable, (cb) to the Declaration of Covenants, Conditions and Restrictions dated November 23, 1987 and recorded on November 24, 1987 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (dc) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 and recorded on April 16, 1997 as Instrument No. 97-043682, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing such subordination.

Subordination to CC&R’s. This Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall be subject and subordinate (a) to any declarations of covenants, conditions and restrictions or other recorded restrictions affecting the Center (or any portion thereof thereof) from time to time, provided that the terms of such declarations or restrictions are reasonable (or, to the extent they are not reasonable, are mandated by applicable law), do not materially impair Tenant’s ability to conduct the uses permitted hereunder on the Premises and in the Center, and do not discriminate against Tenant relative to other similarly situated tenants occupying the portion(s) of the Center covered by such declarations or restrictionsdeclaration(s). Moreover, this Lease, and any permitted sublease entered into by Tenant under the provisions of this Lease, and the interests in real property conveyed hereby and thereby shall also be subject and subordinate (ba) to the Declaration of Covenants, Conditions and Restrictions for Pointe Grand Business Park dated November 4, 1991 4,1991 and recorded on February 25, 1992 25,1992 as Instrument No. 92025214, Official Records of San Mateo County, as amended from time to time (the “Master Declaration”), the provisions of which Master Declaration are an integral part of this LeaseLease to the extent this sentence is applicable, (cb) to the Declaration of Covenants, Conditions and Restrictions dated November 23, 1987 and recorded on November 24, 1987 24,1987 as Instrument No. 87177987, Official Records of San Mateo County, which declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park, and (dc) to the Environmental Restriction and Covenant (Pointe Grand) dated as of April 16, 1997 16,1997 and recorded on April 16, 1997 16,1997 as Instrument No. 97-043682, Official Records of San Mateo County, as amended from time to time (the “Environmental Restriction”), the provisions of which Environmental Restriction are incorporated herein by this reference and which Environmental Restriction declaration imposes certain covenants, conditions and restrictions on the Pointe Grand Business Park. Tenant agrees to execute, upon request by Landlord, any documents reasonably required from time to time to evidence the foregoing such subordination.