Common use of Covenants, Conditions and Restrictions Clause in Contracts

Covenants, Conditions and Restrictions. This Lease is subject to the effect of (i) all covenants, conditions, restrictions, easements, mortgages or deeds of trust, ground leases, rights of way of record and any other matters or documents of record, and (ii) all zoning laws and other governmental requirements of the city, county and state where the Building is situated (the matters described in this sentence being collectively referred to herein as “Restrictions”), and Tenant shall conform to and shall not violate the terms of any such Restrictions. Provided that reasonable access to the Premises remains available, such actions do not materially interfere with Tenant’s use of the Premises or its business operations, and the number of parking spaces allocated to Tenant is not permanently reduced, Landlord shall have the right from time to time to encumber or consent to the encumbering of the Project with any and all public utility easements, private easements and covenants, conditions and restrictions required by the City or any other governmental, or needed or desired by Landlord for the ownership, use and operation of the Project, all of which shall constitute part of the Restrictions; and Tenant agrees that its rights under this Lease shall be subject and subordinate to all such Restrictions. Landlord shall have the right to change the size of any parcel comprising the land upon which the Project is located (“Land”), parcelize, subdivide and/or merge any parcels comprising the Land and/or condominiumize any portion of the Project (other than the Premises), without Tenant’s approval. Not later than ten (10) business days after request by Landlord, Tenant shall execute all documents reasonably required to evidence or effectuate Tenant’s subordination and/or consent to the matters described in this Section above.

Covenants, Conditions and Restrictions. This Lease is subject to the effect of (i) all any covenants, conditions, restrictions, easements, mortgages or deeds of trust, ground leases, rights of way of record and any other matters or documents of record, and (ii) all any zoning laws and other governmental requirements of the city, county and state where the Building is situated (the matters described in this sentence being collectively referred to herein as “Restrictions”), and Tenant shall conform to and shall not violate the terms of any such Restrictions. Provided that reasonable access to the Premises remains available, such actions do not materially interfere with Tenant’s use of the Premises or its business operations, and the number of parking spaces allocated to Tenant is not permanently reduced, Landlord shall have the right from time to time to encumber or consent to the encumbering of the Project with any and all public utility easements, private easements and covenants, conditions and restrictions required by the City or any other governmental, governmental authority in connection with the development or redevelopment of the Project or Phase 2 needed or desired by Landlord for the ownership, use and operation of the ProjectProject or Phase 2, provided that they do not materially and adversely affect Tenant’s access to or use of the Premises, all of which shall constitute part of the Restrictions; and Tenant agrees that its rights under this Lease shall be subject and subordinate to all such Restrictions. Landlord shall have the right to change the size of any parcel comprising the land upon which the Project is located (“Phase 2 Land”), parcelize, subdivide and/or merge any parcels comprising the Land and/or condominiumize any portion of the Project (other than the Premises)Phase 2 Land, without Tenant’s approval, subject to Tenant’s rights under Sections 19.E, 19.F and 19.G below. Not later than ten (10) business days after request by Landlord, Tenant shall execute all any documents reasonably required to evidence or effectuate Tenant’s subordination and/or consent to the matters described in this Section above.

Covenants, Conditions and Restrictions. This The parties agree that this Lease is subject to the effect of (ia) all the covenants, conditions, restrictions, easements, mortgages or deeds of trusttrust (subject to Article 28 hereof), ground leases, rights of way of record and any other matters or documents of record, and the other documents of record all as described on Schedule 2.3 attached hereto (iithe “Restrictions”); (b) all any zoning laws and other governmental requirements of the city, county and state where the Building Premises is situated situated; and (the matters described c) general and special taxes, if any, not delinquent. Tenant agrees that as to its leasehold estate, Tenant and all persons in this sentence being collectively referred to herein as “Restrictions”), and possession or holding under Tenant shall conform to and shall will not violate the terms of any such Restrictions. Provided Tenant shall have the right to purchase a leasehold title policy, at its sole cost and expense, and Landlord agrees to cooperate and execute any documents reasonably required by Tenant or the title company in connection therewith, including a standard owner’s affidavit relating to such matters as construction liens and parties in possession. Landlord further agrees that reasonable access on the date hereof it shall deliver written notice to Xxxxx Xxxxxxx or an entity owned or controlled by Xxxxx Xxxxxxx (collectively, “Corrado”) terminating the Premises remains available, such actions do not materially interfere with Tenant’s use oral parking agreement between Landlord and Corrado affecting part of the Premises or its business operations(the “Old Parking Agreement”). Landlord represents that the Old Parking Agreement is on a month-to-month basis, terminable by either party on thirty (30) days’ prior written notice to the other and neither Landlord nor Corrado are in default under the number Old Parking Agreement. Any and all costs and expenses of parking spaces allocated to Tenant is not permanently reducedterminating the Old Parking Agreement shall borne by Landlord. Upon the termination of the Old Parking Agreement, Landlord shall have the right from time to time to encumber or consent to enter into a written month-to-month parking agreement with Corrado (the encumbering of the Project with any and all public utility easements, private easements and covenants, conditions and restrictions required by the City or any other governmental, or needed or desired “New Parking Agreement”) terminable by Landlord for the ownershipon 15 days’ prior written notice to Corrado and in form otherwise reasonably acceptable to Tenant, use and operation of the Project, all of which shall constitute part of the Restrictions; and Tenant agrees that its rights under this Lease shall be subject and subordinate to all such Restrictions. Landlord shall have the right to change retain any rental collected thereunder provided that Landlord shall immediately send notice to Corrado terminating the size New Parking Agreement in accordance with the terms thereof upon written notice from Tenant to Landlord requesting such termination. Any and all costs and expenses of any parcel comprising terminating the land upon which the Project New Parking Agreement shall be borne by Landlord. Landlord expressly acknowledges that time is located (“Land”), parcelize, subdivide and/or merge any parcels comprising the Land and/or condominiumize any portion of the Project essence with respect to Landlord’s termination of the Old Parking Agreement and New Parking Agreement (other than if applicable) as Tenant will suffer significant damages if its construction work on the Premises is delayed as a result of Corrado failing to timely vacate the Premises), without Tenant’s approval. Not later than ten (10) business days after request by Landlord, Tenant shall execute all documents reasonably required to evidence or effectuate Tenant’s subordination and/or consent to the matters described in this Section above.

Covenants, Conditions and Restrictions. This Lease is subject to the effect of (i) all covenants, conditions, restrictions, easements, mortgages or deeds of trust, ground leases, rights of way of record and any other matters or documents of record, and (ii) all zoning laws and other governmental requirements of the city, county and state where the Building is situated (the matters described in this sentence being collectively referred to herein as “Restrictions”), and Tenant shall conform to and shall not violate the terms of any such Restrictions. Provided that reasonable access to the Premises remains available, such actions do not materially interfere with Tenant’s use of the Premises or its business operations, and the number of parking spaces allocated to Tenant is not permanently reduced, Landlord shall have the right from time to time to encumber or consent to the encumbering of the Project Premises with any and all public utility easements, private easements and covenants, conditions and restrictions required by the City or any other governmental, governmental authority in connection with the development of the Project or needed or desired by Landlord for the ownership, use and operation of the ProjectProject (including without limitation any Covenants, Conditions and Restrictions recorded in the Official Records of Alameda County, California), all of which shall constitute part of the Restrictions; and Tenant agrees that its rights under this Lease shall be subject and subordinate to all such Restrictions, provided that Landlord shall be required to obtain Tenant’s consent to any Restrictions entered into following the date of this Lease which affect Tenant’s use and enjoyment of the Premises or which materially increase Tenant’s obligations under this Lease. Landlord shall have the right to change the size of any parcel comprising the land upon which with the Project is located (“Land”), parcelize, subdivide and/or merge any parcels comprising the Land and/or condominiumize any portion of the Project (other than the Premises)Project, without Tenant’s approvalapproval so long as such actions do not adversely affect Tenant’s use and enjoyment of the Premises or materially increase Tenant’s obligations under this Lease. Not later than ten (10) business days after request by Landlord, Tenant shall execute all any documents reasonably required to evidence or effectuate Tenant’s subordination and/or consent to the matters described in this Section above.