Common use of CC&Rs Clause in Contracts

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Project. Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Use, (ii) impair Tenant’s access to or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) increase Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto). Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from Landlord, a “Recognition of Covenants, Conditions, and Restriction,” in a form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging the CC&Rs.

CC&Rs. Tenant shall comply with all recorded covenantsacknowledges that Landlord intends to record an Agreement Between Land Owners Including Covenants, conditions, Conditions and restrictions currently affecting Restrictions and Grants of Easements for Carmel Center and Including Termination of Both Former Declaration and Prior Grants of Easements (the "CC&R'S") over the Project. Additionally, Tenant acknowledges that hereby approves the Project may be subject to any future covenants, conditions, draft of CC&R's attached hereto as Exhibit "F" and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, made a part hereof and Tenant agrees that hereby subordinates this Lease shall be subject to the CC&R's and subordinate to such CC&Rsany amendments or modifications thereto; provided, however, that any modifications to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has draft of the ability, either directly CC&R's attached as Exhibit "F" which may have a material effect on Tenant's use or indirectly, to cause the disapproval of such covenant, condition, and restrictionenjoyment of, or amendment thereto)access to, then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Useor Project shall be subject to Tenant's prior approval, (ii) impair Tenant’s access to which approval shall not be unreasonably withheld or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) increase Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto)delayed. Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledgeshall, within fifteen (15) business days of Tenant’s receipt of a written after request from by Landlord, execute such further instruments or assurances as Landlord may reasonably deem necessary to evidence or confirm the subordination of this Lease to the CC&R's. As of the date of execution of this Lease, Landlord contemplates that it will be the declarant under the CC&R's and a “Recognition California nonprofit mutual benefit corporation has been, or will be, established (the "ASSOCIATION") and charged with certain duties under the CC&R's. Certain individuals who are directors, officers or employees of CovenantsLandlord, Conditionsthe members of Landlord, and Restriction,” in a form substantially similar to that attached hereto as Exhibit For affiliates thereof, agreeing to and acknowledging are, or will be, members of the CC&Rs.board of directors of PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

CC&Rs. Tenant shall comply with all recorded covenantsacknowledges that Landlord intends to record an Agreement Between Land Owners Including Covenants, conditions, Conditions and restrictions currently affecting Restrictions and Grants of Easements for Carmel Center and Including Termination of Both Former Declaration and Prior Grants of Easements (the "CC&R'S") over the Project. Additionally, Tenant acknowledges that hereby approves the Project may be subject to any future covenants, conditions, draft of CC&R's attached hereto as Exhibit "F" and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, made a part hereof and Tenant agrees that hereby subordinates this Lease shall be subject to the CC&R's and subordinate to such CC&Rsany amendments or modifications thereto; provided, however, that any modifications to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has draft of the ability, either directly CC&R's attached as EXHIBIT "F" which may have a material effect on Tenant's use or indirectly, to cause the disapproval of such covenant, condition, and restrictionenjoyment of, or amendment thereto)access to, then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Useor Project shall be subject to Tenant's prior approval, (ii) impair Tenant’s access to which approval shall not be unreasonably withheld or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) increase Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto)delayed. Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledgeshall, within fifteen (15) business days of Tenant’s receipt of a written after request from by Landlord, execute such further instruments or assurances as Landlord may reasonably deem necessary to evidence or confirm the subordination of this Lease to the CC&R's. As of the date of execution of this Lease, Landlord contemplates that it will be the declarant under the CC&R's and a “Recognition California nonprofit mutual benefit corporation has been, or will be, established (the "ASSOCIATION") and charged with certain duties under the CC&R's. Certain individuals who are directors, officers or employees of CovenantsLandlord, Conditionsthe members of Landlord, or affiliates thereof, are, or will be, members of the board of directors of the Association. The board shall have the right to appoint members and alternatives members of the Architectural and Development Review Committee (the "COMMITTEE") contemplated by the CC&R's. As an owner of property subject to the CC&R's, Landlord is a member of the Association for each parcel within the Project which is subject to assessments under the CC&R's. With respect to Landlord's respective capacities as declarant, member of the board, and Restriction,” a member of the Committee under the CC&R's, Landlord covenants not to do any of the following without Tenant's consent (which shall not be unreasonably withheld) (i) take any action which in a form substantially similar Landlord's reasonable opinion will jeopardize or be detrimental to Tenant's rights under this Lease and Tenant's use and enjoyment of its leasehold estate, (ii) take any action which has the effect of materially increasing assessments or costs incurred by Landlord under the CC&R's, which will result in an unreasonable increase in Direct Expenses in Expense Years after the Base Year, (iii) vote in favor of or approve any new improvements, operation or use on any of the properties covered by the CC&R's without first consulting with Tenant, and (iv) knowingly allow any use of the parking facilities within the Project (as defined in this Lease) that attached hereto as Exhibit Fis not allowed pursuant to the reciprocal parking rights described in the CC&R's. Landlord shall provide (or if Landlord does not control the Association, agreeing Landlord will request the Association to provide) to Tenant the draft budget prepared from time to time in connection with the CC&R's for Tenant's review and acknowledging comment, and Landlord will reasonably consider Tenant's comments in preparing the CC&Rsbudget. Further, Landlord represents and warrants that the signage contemplated by this Lease is in compliance with the CC&R's and the Sign Plan defined therein.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the ProjectProject (the “Current CC&Rs”). Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions restrictions, including amendments to the Current CC&Rs (collectively with the Current CC&Rs, the “CC&Rs”) which Landlord, in Landlord’s discretionLandxxxx’x xiscretion, deems reasonably necessary or desirable, and Tenant agrees Tenaxx xxxees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Use, (ii) impair Tenant’s access to or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) increase Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto). Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from by Landlord, a “Recognition of Covenants, Conditions, and Restriction,” in a form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging the CC&Rs; provided, however, to the extent any CC&Rs relate to Project specific programs and are within Landxxxx’x xontrol (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then (i) such specific programs shall be subject to Tenant’s reasonable review and prior approval, and (ii) no such future CC&Rs shall be permitted which materially diminish Tenant’s beneficial use or enjoyment or access, or materially increase Tenant’s obligation, hereunder.

CC&Rs. To the extent not inconsistent with the express terms and conditions of this Lease, Tenant shall comply in all material respects with all recorded covenants, conditions, and restrictions currently now or hereafter affecting the Project, including, without limitation (i) that certain Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Great Park Neighborhoods (SOBARR and Potential Future Neighborhoods), dated March 10, 2015 and recorded in the Official Records on March 10, 2015 as Document No. 2015000121147 (as amended and as may be amended from time to time, the "Master CC&Rs"), (ii) that certain Declaration of Development Covenants, Conditions and Restrictions and Reservation of Easements (R&D Corporate Campus), dated March 15, 2015 and recorded in the Official Records as of March 15, 2015 as Document No. 2015000123209 (the "Development CC&Rs"), and (iii) that certain Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservation of Easements recorded in connection with Landlord's acquisition of the Project from Tenant ("Amended and Restated Declaration" and collectively with the Master CC&Rs and the Development CC&Rs, the "CC&Rs", in each case as the same may be revised, amended and replaced in accordance with this Section below). Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions and/or revisions, amendments and replacements to the CC&Rs (the “"Future CC&Rs”") which Landlord, in Landlord’s 's reasonable discretion, deems reasonably necessary or desirable, and . Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall Future CC&Rs, in no more than a de minimus manner, provided the same shall (i) impair not materially decrease Tenant’s access to or use of the Premises for the Permitted Use, (ii) impair Tenant’s access to or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s 's rights under this Lease, or (iv) materially increase Tenant’s 's obligations or liabilities under this Lease, or materially decrease Landlord's liabilities or obligations under this Lease Lease, and (including, without limitation, any monetary obligations and/or costs relating thereto). Subject ii) be subject to the provisions Tenant's reasonable prior approval if such Future CC&Rs would be reasonably likely to have a material adverse effect on Tenant or Tenant's occupancy of the foregoing items (i) through (iv) immediately abovePremises, or materially increase Tenant's costs under the CC&Rs. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from by Landlord, a “"Recognition of Covenants, Conditions, and Restriction,” ", in a form substantially similar to that attached hereto as Exhibit FE, agreeing to and acknowledging the CC&Rs and/or any Future CC&Rs.

CC&Rs. Tenant shall comply with all recorded covenantsacknowledges that Landlord intends to record an Agreement Between Land Owners Including Covenants, conditions, Conditions and restrictions currently affecting Restrictions and Grants of Easements for Carmel Center and Including Termination of Both Former Declaration and Prior Grants of Easements (the "CC&R'S") over the Project. Additionally, Tenant acknowledges that hereby approves the Project may be subject to any future covenants, conditions, draft of CC&R's attached hereto as Exhibit "F" and restrictions (the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, made a part hereof and Tenant agrees that hereby subordinates this Lease shall be subject to the CC&R's and subordinate to such CC&Rsany amendments or modifications thereto; provided, however, that any modifications to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has draft of the ability, either directly CC&R's attached as EXHIBIT "F" which may have a material effect on Tenant's use or indirectly, to cause the disapproval of such covenant, condition, and restrictionenjoyment of, or amendment thereto)access to, then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Useor Project shall be subject to Tenant's prior approval, (ii) impair Tenant’s access to which approval shall not be unreasonably withheld or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) increase Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto)delayed. Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledgeshall, within fifteen (15) business days of Tenant’s receipt of a written after request from by Landlord, execute such further instruments or assurances as Landlord may reasonably deem necessary to evidence or confirm the subordination of this Lease to the CC&R's. As of the date of execution of this Lease, Landlord contemplates that it will be the declarant under the CC&R's and a “Recognition California nonprofit mutual benefit corporation has been, or will be, established (the "ASSOCIATION") and charged with certain duties under the CC&R's. Certain individuals who are directors, officers or employees of CovenantsLandlord, Conditionsthe members of Landlord, or affiliates thereof, are, or will be, members of the board of directors of the Association. The board shall have the right to appoint members and alternatives members of the Architectural and Development Review Committee (the "COMMITTEE") contemplated by the CC&R's. As an owner of property subject to the CC&R's, Landlord is a member of the Association for each parcel within the Project which is subject to assessments under the CC&R's. With respect to Landlord's respective capacities as declarant, member of the board, and Restriction,” a member of the Committee under the CC&R's, Landlord covenants not to do any of the following without Tenant's consent (which shall not be unreasonably withheld) (i) take any action which in a form substantially similar Landlord's reasonable opinion will jeopardize or be detrimental to Tenant's rights under this Lease and Tenant's use and enjoyment of its leasehold estate, (ii) take any action which has the effect of materially increasing assessments or costs incurred by Landlord under the CC&R's, which will result in an unreasonable increase in Direct Expenses in Expense Years after the Base Year, (iii) vote in favor of or approve any new improvements, operation or use on any of the properties covered by the CC&R's without first consulting with Tenant, and (iv) knowingly allow any use of the parking facilities within the Project (as defined in this Lease) that attached hereto as Exhibit Fis not allowed pursuant to the reciprocal parking rights described in the CC&R's. Landlord shall provide (or if Landlord does not control the Association, agreeing Landlord will request the Association to provide) to Tenant the draft budget prepared from time to time in connection with the CC&R's for Tenant's review and acknowledging comment, and Landlord will reasonably consider Tenant's comments in preparing the CC&Rs.budget. Further, Landlord represents and warrants that the signage contemplated by this Lease is in compliance with the CC&R's and the Sign Plan defined therein. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

CC&Rs. Tenant shall comply with all not violate the Current CC&Rs (defined below). Landlord represents that Tenant’s use of the Premises for general office use will not, in and of itself, violate the Current CC&Rs. The “Current CC&Rs” means the Declaration of Protective Covenants, Conditions and Restrictions for Brea Financial Commons recorded covenantsAugust 12, conditions, and restrictions currently affecting 1982 in the ProjectOrange County Official Records as the same may be amended from time to time. A copy of the Current CC&Rs has been provided by Landlord to Tenant prior to the Effective Date. Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions and/or amendments to the Current CC&Rs (in any such event, the “Future CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to the Current CC&Rs and such Future CC&Rs (collectively, the “CC&Rs”); provided, however, to the extent any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall CC&Rs, in no more than a de minimus manner, that (i) impair no Future CC&Rs shall materially and unreasonably interfere with Tenant’s access to or use of the Premises for the Permitted Use, general office use and reasonably incidental uses and (ii) impair Tenant’s access Landlord will not voluntarily enter into or agree to or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) any Future CC&Rs that would increase Tenant’s costs and obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto). Subject to comply with such Future CC&RS in comparison to the provisions of the foregoing items (i) through (iv) immediately above, Landlord Current CC&RS. Tenant shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from Landlord, a “Recognition of Covenants, Conditionsnot be responsible for, and Restriction,” as provided in a form substantially similar to that attached hereto as Exhibit FSection 4.2.4(xxv) above Operating Expenses shall not include, agreeing to and acknowledging costs incurred in bringing the CC&RsProject into compliance with the Current CC&Rs in effect on the Commencement Date.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the Project; specifically including, without limitation, that certain Declaration of Operating and Reciprocal Easement Agreement, by One Hundred Towers L.L.C., a Delaware limited liability company as “Declarant”, dated as of April 2, 1997, recorded on April 2, 1997, in the Official Records of Los Angeles County, California, as Document No. 97-503336, as amended by that certain First Amendment to Declaration of Operating and Reciprocal Easement Agreement, between Declarant and Landlord, dated as of June 7, 2004, recorded on August 19, 2004, as Document No, 00-0000000 (collectively, the “XXXX”). Additionally, Tenant acknowledges that the Project may be subject to any amendments or modifications to the XXXX, future covenants, conditions, and restrictions (collectively, including any modifications or amendments to the XXXX, the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs; provided, however, to provided and on the extent condition that such CC&Rs do not adversely affect any CC&Rs relate to Project-specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair Tenant’s access to or use of the Premises for the Permitted Use, (ii) impair Tenant’s access to or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Lease, or (iv) Lease and do not increase any of Tenant’s obligations under this Lease (including, without limitation, any monetary obligations and/or costs relating thereto)Lease. Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from by Landlord, a “Recognition of Covenants, Conditions, and Restriction,” in a form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging the CC&Rs.

CC&Rs. Tenant shall comply with all recorded covenants, conditions, and restrictions currently affecting the ProjectProject (the “Current CC&Rs”). Additionally, Tenant acknowledges that the Project may be subject to any future covenants, conditions, and restrictions restrictions, including amendments to the Current CC&Rs (collectively with the Current CC&Rs, the “CC&Rs”) which Landlord, in Landlord’s discretion, deems reasonably necessary or desirable, and Tenant agrees that this Lease shall be subject and subordinate to such CC&Rs. Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of a request by Landlord, a “Recognition of Covenants, Conditions, and Restriction,” in a form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging the CC&Rs; provided, however, to the extent any CC&Rs relate to Project-Project specific programs and are within Landlord’s control (i.e., Landlord has the ability, either directly or indirectly, to cause the disapproval of such covenant, condition, and restriction, or amendment thereto), then in no event shall CC&Rs, in no more than a de minimus manner, (i) impair such specific programs shall be subject to Tenant’s access to or use of the Premises for the Permitted Usereasonable review and prior approval, and (ii) impair no such future CC&Rs shall be permitted which materially diminish Tenant’s access to beneficial use or use of Tenant’s parking rights pursuant to this Lease, (iii) impair Tenant’s rights under this Leaseenjoyment or access, or (iv) materially increase Tenant’s obligations under this Lease (includingobligation, without limitation, any monetary obligations and/or costs relating thereto). Subject to the provisions of the foregoing items (i) through (iv) immediately above, Landlord shall have the right to require Tenant to execute and acknowledge, within fifteen (15) business days of Tenant’s receipt of a written request from Landlord, a “Recognition of Covenants, Conditions, and Restriction,” in a form substantially similar to that attached hereto as Exhibit F, agreeing to and acknowledging the CC&Rshereunder.