Common use of Underlying Documents Clause in Contracts

Underlying Documents. Tenant shall comply with all easements, licenses, operating agreements, declarations, restrictive covenants, or instruments pertaining to the sharing of costs by Landlord with respect to the Project, including, without limitation, any covenants, conditions and restrictions affecting the Project, and reciprocal easement agreements affecting the Project, any parking licenses, and any agreements with transit agencies affecting the Project (collectively, “Underlying Documents”), including, without limitation, (i) that certain Amended and Restated Declaration and Agreement of Covenants, Conditions and Restrictions for the UCSF Mission Bay Campus recorded July 19, 1999 in the Official Records as Instrument No. 99-G622193-00, (ii) that certain Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Mission Bay Commercial, recorded January 16, 2001 in the Official Records as Instrument No. 2001-G889923-00, (iii) that certain Mission Bay South Owner Participation Agreement between the Redevelopment Agency of the City and County of San Francisco (the “Redevelopment Agency”) and Catellus Development Corporation (“CDC”) recorded December 3, 1998 in the Official Records as Instrument No. 98-G477258-00 (as amended, the “OPA”), (iv) that certain Redevelopment Plan for the Mission Bay South Redevelopment Project recorded November 18, 1998 in the Official Records as Instrument No. 98-G470337-00 (the “Redevelopment Plan”), and (v) that certain Mission Bay South Redevelopment Plan Area Declaration of Restrictions recorded December 3, 1998 in the Official Records as Instrument No. 98-G477250-00. Additionally, Tenant acknowledges that the Project may be subject to future Underlying Documents, which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such Underlying Documents and Tenant shall promptly execute and acknowledge, within fifteen (15) business days of a request by Landlord, a “Recognition of Covenants, Conditions, and Restrictions,” in a form substantially similar to that attached hereto as Exhibit H, agreeing to and acknowledging the applicable Underlying Document.

Underlying Documents. Tenant shall comply with all existing easements, licenses, operating agreements, declarations, restrictive covenants, or and instruments pertaining to the sharing of costs by Landlord with respect to the ProjectBuildings, including, without limitation, any covenants, conditions and restrictions affecting the Projectproperty, and reciprocal easement agreements affecting the Projectproperty, any parking licenseslicenses or agreements, and any agreements with transit agencies affecting the Project (collectively, “"Existing Underlying Documents”), ") and specifically including, without limitation, (i) that certain Amended and Restated Declaration and Agreement the Covenant to Restrict Use of Covenants, Conditions and Restrictions for the UCSF Mission Bay Campus Property Environmental Restriction recorded July 19, 1999 in the Official Records of the County of Santa Cxxxx as Instrument Document No. 99-G622193-0016119710 on or about February 21, (ii) that certain Master Declaration 2002, and the Covenant to Restrict Use of Covenants, Conditions, Restrictions and Reservation of Easements for Mission Bay Commercial, Property Environmental Restriction recorded January 16, 2001 in the Official Records of the County of Santa Cxxxx as Instrument Document No. 2001-G889923-0019451014 on or about May 31, 2007 (iii) that certain Mission Bay South Owner Participation Agreement between the Redevelopment Agency of the City and County of San Francisco (the “Redevelopment Agency”) and Catellus Development Corporation (“CDC”) recorded December 3, 1998 in the Official Records as Instrument No. 98-G477258-00 (as amendedcollectively, the “OPA”"Existing CC&Rs"), (iv) that certain Redevelopment Plan for the Mission Bay South Redevelopment Project recorded November 18, 1998 in the Official Records as Instrument No. 98-G470337-00 (the “Redevelopment Plan”), and (v) that certain Mission Bay South Redevelopment Plan Area Declaration of Restrictions recorded December 3, 1998 in the Official Records as Instrument No. 98-G477250-00. Additionally, Tenant acknowledges that the Project may be subject to any future easements, licenses, operating agreements, declarations, restrictive covenants, and instruments pertaining to the sharing of costs by the Buildings, including, without limitation, any covenants, conditions and restrictions affecting the property, and reciprocal easement agreements affecting the property, any parking licenses or agreements, and any agreements with transit agencies affecting the Project (collectively, the "Future Underlying Documents", and together with the Existing Underlying Documents, the "Underlying Documents") which Landlord, in Landlord’s 's discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such Future Underlying Documents; provided that such Future Underlying Documents and shall not violate clauses (a) through (e) of Section 1.1.3 above, without prior written consent of Tenant, which may be given or withheld in Tenant's reasonable discretion. Landlord shall have the right to require Tenant shall promptly to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a “"Recognition of Covenants, Conditions, and Restrictions,” " in a form substantially similar to that attached hereto as Exhibit HJ, agreeing to and acknowledging the applicable Future Underlying DocumentDocuments.

Underlying Documents. Tenant shall comply with all easements, licenses, operating agreements, declarations, restrictive covenants, or instruments pertaining to the sharing of costs by Landlord with respect to the Project, including, without limitation, any covenants, conditions and restrictions affecting the Project, and reciprocal easement agreements affecting the Project, any parking licenses, and any agreements with transit agencies affecting the Project (collectively, “Underlying Documents”), including, without limitation, (i) that certain Amended and Restated Declaration and Agreement of Covenants, Conditions and Restrictions for the UCSF Mission Bay Campus recorded July 19, 1999 in the Official Records as Instrument No. 99-G62219399¬G622193-00, (ii) that certain Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Mission Bay Commercial, recorded January 16, 2001 in the Official Records as Instrument No. 2001-G889923-00, (iii) that certain Mission Bay South Owner Participation Agreement between the Redevelopment Agency of the City and County of San Francisco (the “Redevelopment Agency”) and Catellus Development Corporation (“CDC”) recorded December 3, 1998 in the Official Records as Instrument No. 98-G477258-00 (as amended, the “OPA”), (iv) that certain Redevelopment Plan for the Mission Bay South Redevelopment Project recorded November 18, 1998 in the Official Records as Instrument No. 98-G470337-00 (the “Redevelopment Plan”), and (v) that certain Mission Bay South Redevelopment Plan Area Declaration of Restrictions recorded December 3, 1998 in the Official Records as Instrument No. 98-G477250-00. Additionally, Tenant acknowledges that the Project may be subject to future Underlying Documents, which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such Underlying Documents and Tenant shall promptly execute and acknowledge, within fifteen (15) business days of a request by Landlord, a “Recognition of Covenants, Conditions, and Restrictions,” in a form substantially similar to that attached hereto as Exhibit H, 24.4 agreeing to and acknowledging the applicable Underlying Document.

Underlying Documents. Tenant shall comply with all existing easements, licenses, operating agreements, declarations, restrictive covenants, or and instruments pertaining to the sharing of costs by Landlord with respect to the ProjectBuilding, including, without limitation, any covenants, conditions and restrictions affecting the Projectproperty, and reciprocal easement agreements affecting the Projectproperty, any parking licenseslicenses or agreements, and any agreements with transit agencies affecting the Project (collectively, “"Existing Underlying Documents”), ") and specifically including, without limitation, (i) that certain Amended and Restated Declaration and Agreement the Covenant to Restrict Use of Covenants, Conditions and Restrictions for the UCSF Mission Bay Campus Property Environmental Restriction recorded July 19, 1999 in the Official Records of the County of Santa Cxxxx as Instrument Document No. 99-G622193-0016119710 on or about February 21, (ii) that certain Master Declaration 2002, and the Covenant to Restrict Use of Covenants, Conditions, Restrictions and Reservation of Easements for Mission Bay Commercial, Property Environmental Restriction recorded January 16, 2001 in the Official Records of the County of Santa Cxxxx as Instrument Document No. 2001-G889923-0019451014 on or about May 31, 2007 (iii) that certain Mission Bay South Owner Participation Agreement between the Redevelopment Agency of the City and County of San Francisco (the “Redevelopment Agency”) and Catellus Development Corporation (“CDC”) recorded December 3, 1998 in the Official Records as Instrument No. 98-G477258-00 (as amendedcollectively, the “OPA”"Existing CC&Rs"), (iv) that certain Redevelopment Plan for the Mission Bay South Redevelopment Project recorded November 18, 1998 in the Official Records as Instrument No. 98-G470337-00 (the “Redevelopment Plan”), and (v) that certain Mission Bay South Redevelopment Plan Area Declaration of Restrictions recorded December 3, 1998 in the Official Records as Instrument No. 98-G477250-00. Additionally, Tenant acknowledges that the Project may be subject to any future easements, licenses, operating agreements, declarations, restrictive covenants, and instruments pertaining to the sharing of costs by the Building, including, without limitation, any covenants, conditions and restrictions affecting the property, and reciprocal easement agreements affecting the property, any parking licenses or agreements, and any agreements with transit agencies affecting the Project (collectively, the "Future Underlying Documents", and together with the Existing Underlying Documents, the "Underlying Documents") which Landlord, in Landlord’s 's discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such Future Underlying Documents; provided that such Future Underlying Documents and shall not violate clauses (a) through (e) of Section 1.1.3 above, without prior written consent of Tenant, which may be given or withheld in Tenant's reasonable discretion. Landlord shall have the right to require Tenant shall promptly to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a “"Recognition of Covenants, Conditions, and Restrictions,” " in a form substantially similar to that attached hereto as Exhibit HJ, agreeing to and acknowledging the applicable Future Underlying Document.Documents. 788288.01/WLA 375755-00007/8-9-18//ejw -16- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc.