Common use of Use of the Premises and Common Area Clause in Contracts

Use of the Premises and Common Area. Tenant may use and occupy the Premises for the purposes specified in the Basic Lease Information ("Permitted Use"), subject to the terms and conditions of this Lease, and for no other use or purpose without the prior written consent of Landlord. Landlord shall have the right to grant or withhold consent to a use other than the Permitted Use in its sole discretion. Tenant shall be entitled to the nonexclusive use of the Common Area with Landlord and other occupants (if any) of the Project in accordance with the limitations and restrictions in this Lease and the Rules and Regulations established by Landlord from time to time; provided, however, that if Landlord reconfigures the Project or sells a portion of the Project (including, without limitation, if the Project Garage is owned by an entity other than Landlord), Landlord shall assure to Tenant that Tenant shall continue to have reasonable access to the Premises and Tenant's Minimum Parking as provided in Paragraph 33 through the Initial CC&Rs or subsequent CC&Rs or other like mechanism. Notwithstanding anything to the contrary in the Basic Lease Information or in this Lease, Tenant understands and agrees that (a) the Parking REA, the Initial CC&Rs and such additional CC&Rs as Landlord may elect to record against the Project as provided in Paragraph 1(h) , and/or (b) a ground lease, and /or (c) certain other easements, licenses, access agreements and other encumbrances recorded in the official records of Santa Clarx Xxxnty (collectively, the Parking REA, the Initial CC&Rs, any additional CC&Rs, any ground lease and any such encumbrances are sometimes collectively referred to herein as the "Encumbrances") may encumber the Land and/or Project now or in the future, and that Tenant's occupancy and use of the Premises and use of the Project Common Area may be restricted by such Encumbrances. If necessary, Tenant shall execute such documents as are reasonably necessary to cause this Lease to become subordinate to any such Encumbrances, provided that Tenant shall have been provided with a true, correct and complete copy thereof prior to the date hereof or, with respect to future CC&Rs, ground lease or Encumbrance, prior to its effective date, and any approval given by Landlord hereunder shall be limited to the matters covered by such approval with respect to this Lease only and shall not be interpreted to include any approval or consent in respect of the CC&Rs, ground lease or Encumbrance. Landlord agrees to use commercially reasonable efforts to enforce specific provisions of the CC&Rs and/or Parking REA for the benefit of the Premises upon receipt of written request from Tenant specifying the specific relevant provisions to be enforced and specific enforcement efforts that Tenant requests Landlord to take.

Use of the Premises and Common Area. Tenant may use and occupy the Premises for the purposes specified in the Basic Lease Information ("Permitted Use"), subject to the terms and conditions of this Lease, and for no other use or purpose without the prior written consent of Landlord. Landlord shall have the right to grant or withhold consent to a use other than the Permitted Use in its sole discretion. Tenant shall be entitled to the nonexclusive use of the Common Area with Landlord and other occupants (if any) of the Project in accordance with the limitations and restrictions in this Lease and the Rules and Regulations established by Landlord from time to time; provided, however, that if Landlord reconfigures the Project or sells a portion of the Project (including, without limitation, if the Project Garage is owned by an entity other than Landlord), Landlord shall assure to Tenant that that, after any Reinstatement or Occupancy, Tenant shall continue to have reasonable access to the Premises and Tenant's Minimum Parking as provided in Paragraph 33 through the Initial CC&Rs or subsequent CC&Rs or other like mechanism. Notwithstanding anything to the contrary in the Basic Lease Information or in this Lease, Tenant understands and agrees that (a) the Parking REA, the Initial CC&Rs and such additional CC&Rs as Landlord may elect to record against the Project as provided in Paragraph 1(h) , and/or (b) a ground lease, and /or (c) certain other easements, licenses, access agreements and other encumbrances recorded in the official records of Santa Clarx Xxxnty Xxxxx County (collectively, the Parking REA, the Initial CC&Rs, any additional CC&Rs, any ground lease and any such encumbrances are sometimes collectively referred to herein as the "Encumbrances") may encumber the Land and/or Project now or in the future, and that Tenant's occupancy and use of the Premises and Building and use of the Project Common Area may be restricted by such Encumbrances. If necessary, Tenant shall execute such documents as are reasonably necessary to cause this Lease to become subordinate to any such Encumbrances, provided that Tenant shall have been provided with a true, correct and complete copy thereof prior to the date hereof or, with respect to future CC&Rs, ground lease CC&Rs or Encumbrance, prior to its effective date, and any approval given by Landlord hereunder shall be limited to the matters covered by such approval with respect to this Lease only and shall not be interpreted to include any approval or consent in respect of the CC&Rs, ground lease CC&Rs or Encumbrance. After a Reinstatement or Occupancy, Landlord agrees to use commercially reasonable efforts to enforce specific provisions of the CC&Rs and/or Parking REA for the benefit of the Premises and Building upon receipt of written request from Tenant specifying the specific relevant provisions to be enforced and specific enforcement efforts that Tenant requests Landlord to take.

Use of the Premises and Common Area. Tenant may use and occupy the Premises for the purposes specified in the Basic Lease Information ("“Permitted Use"”), subject to the terms and conditions of this Lease, and for no other use or purpose without the prior written consent of Landlord. , which consent Landlord shall have the right to grant not unreasonably withhold, condition or withhold consent to a use other than the Permitted Use in its sole discretiondelay. Tenant shall be entitled to the use on a nonexclusive use of the Common Area with Landlord and other occupants (if any) of the Project basis, in accordance with the limitations and restrictions in this Lease and the Rules and Regulations established by Landlord from time to time; providedLease, however, that if Landlord reconfigures the Project or sells a portion of the Project (including, without limitationCommon Area with other occupants of the Project, if any. It is the Project Garage is owned by an entity other than Landlord), intention of Landlord shall assure to and Tenant that Tenant shall continue be able to have reasonable access use the Premises in the same manner during the Term as it did prior to the Premises Commencement Date. Accordingly, Tenant shall have the use of the telecommunications and fiber optic lines, infrastructure and facilities located on the Land and serving the Premises, utility lines and infrastructure located on the Project up to the point to connection to the public utility in the public right of way, exterior signage located on the Project, and Antennae located on or adjacent to the Building and also of the equipment located within Garage B (as defined in the Declaration and listed on Exhibit C attached hereto (the “Exterior Equipment”) (all of the foregoing, including the Exterior Equipment, being collectively defined as the “Existing Facilities”), at no additional charge to Tenant's Minimum Parking as provided in Paragraph 33 through the Initial CC&Rs or subsequent CC&Rs or other like mechanism. Notwithstanding anything to the contrary in the Basic Lease Information or in this Lease, Tenant understands and agrees that (a) the Parking REAcertain conditions, the Initial CC&Rs covenants and such additional CC&Rs as Landlord may elect to record against the Project as provided in Paragraph 1(h) restrictions, and/or (b) a ground lease, and /or (c) certain other easements, licenses, access agreements and other encumbrances recorded in the official records of Santa Clarx Xxxnty Xxxxx County (collectively, the Parking REA, the Initial CC&Rs, any additional CC&Rs, any ground lease and any such encumbrances other encumbrances, including the Declaration and Master CC&Rs defined below, are sometimes collectively referred to herein as the "“Encumbrances"”) may encumber the Land and/or Project now or in the future, including, without limitation, (i) the Declaration, and (ii) Skyport Plaza Declaration of Common Easements, Covenants, Conditions and Restrictions (the “Master CC&Rs”). Tenant further understands that Tenant's ’s occupancy and use of the Premises and use of the Project Common Area may be restricted by such Encumbrances. If necessaryLandlord may, Tenant shall execute such documents from time to time, promulgate reasonable and customary rules and regulations as are reasonably deemed necessary to cause this Lease to become subordinate to any such Encumbrances, provided that Tenant shall have been provided with a true, correct and complete copy thereof prior to the date hereof or, with respect to future CC&Rs, ground lease or Encumbrance, prior to its effective date, and any approval given by Landlord hereunder shall be limited to the matters covered by such approval with respect to this Lease only and shall not be interpreted to include any approval or consent in respect of the CC&Rs, ground lease or Encumbrance. Landlord agrees to use commercially reasonable efforts to enforce specific provisions of the CC&Rs and/or Parking REA appropriate for the benefit operation and maintenance of a single tenant building such as the Premises upon receipt of written request from Tenant specifying the specific relevant provisions to be enforced and specific enforcement efforts that Tenant requests Landlord to takeBuilding.

Use of the Premises and Common Area. Tenant may use and occupy the Premises for the purposes specified in the Basic Lease Information ("Permitted Use"), subject to the terms and conditions of this Lease, and for no other use or purpose without the prior written consent of Landlord. Landlord shall have the right to grant or withhold consent to a use other than the Permitted Use in its sole discretion. Tenant shall be entitled to the nonexclusive use of the Common Area with Landlord and other occupants (if any) of the Project in accordance with the limitations and restrictions in this Lease and the Rules and Regulations established by Landlord from time to time; provided, however, that if Landlord reconfigures the Project or sells a portion of the Project (including, without limitation, if the Project Garage is owned by an entity other than Landlord), Landlord shall assure to Tenant that Tenant shall continue to have reasonable access to the Premises and Tenant's Minimum Parking as provided in Paragraph 33 through the Initial CC&Rs or subsequent CC&Rs or other like mechanism. Notwithstanding anything to the contrary in the Basic Lease Information or in this Lease, Tenant understands and agrees that (a) the Parking REA, the Initial CC&Rs and such additional CC&Rs as Landlord may elect to record against the Project as provided in Paragraph 1(h1(g) , and/or (b) a ground lease, and /or (c) certain other easements, licenses, access agreements and other encumbrances Encumbrances recorded in the official records of Santa Clarx Xxxnty Clara County (collectively, the Parking REA, the Initial CC&Rs, any xxx additional CC&Rs, any ground lease and any such encumbrances Encumbrances are sometimes collectively referred to herein as the "Encumbrances") may encumber the Land and/or Project now or in the future, and that Tenant's occupancy and use of the Premises and use of the Project Common Area may be restricted by such Encumbrances. If necessary, Tenant shall execute such documents as are reasonably necessary to cause this Lease to become subordinate to any such Encumbrances, provided that Tenant shall have been provided with a true, correct and complete copy thereof prior to the date hereof or, with respect to future CC&Rs, ground lease or Encumbrance, prior to its effective date, and any approval given by Landlord hereunder shall be limited to the matters covered by such approval with respect to this Lease only and shall not be interpreted to include any approval or consent in respect of the CC&RsCC&R's, ground lease or Encumbrance. Landlord agrees to use commercially reasonable efforts to enforce specific provisions ; provided, however, that such Encumbrances that are not created and/or recorded in connection with the Initial Development shall not materially adversely affect Tenant's Permitted Use of the CC&Rs and/or Premises, Minimum Parking REA for as provided in Paragraph 33 or access to the benefit Premises, and do not materially increase Tenant's cost of occupancy of the Premises upon receipt of written request from or materially restrict Tenant's rights under this Lease except as required by applicable governmental authority, quasi-governmental authority, or Laws, unless Tenant specifying the specific relevant provisions consents to such Encumbrance in writing in advance, which consent shall not be enforced and specific enforcement efforts that Tenant requests Landlord to takeunreasonably withheld, conditioned or delayed.