Common use of Construction of Lease and Terms Clause in Contracts

Construction of Lease and Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease must be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Landlord’s submission of this instrument to Tenant for examination or signature by Tenant does not constitute a reservation of or an option to lease and is not effective as a lease or otherwise until Landlord and Tenant both execute and deliver this Lease. The parties agree that, regardless of which party provided the initial form of this Lease, drafted or modified one or more provisions of this Lease, or compiled, printed or copied this Lease, this Lease is to be construed solely as an offer from Tenant to lease the Premises, executed by Tenant and provided to Landlord for acceptance on the terms set forth in this Lease, which acceptance and the existence of a binding agreement between Tenant and Landlord may then be evidenced only by Landlord’s execution of this Lease. Landlord and Tenant each caused this Lease to be executed and delivered by its duly authorized representative to be effective as of the Effective Date. IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP By: IRET, Inc., its general partner By: /s/ Xxxxxx X. Xxxxx, Xx. Print Name: Xxxxxx X. Xxxxx, Xx. Print Title: Senior Vice President DATED: By: /s/ Xxxxxxx X. Xxxxxxxxx Print Name: Xxxxxxx X. Xxxxxxxxx Print Title: Vice President AM RETAIL GROUP, INC., a Delaware corporation By: /s/ Xxxx Xxxxxx Print Name: Xxxx Xxxxxx Print Title: President

Construction of Lease and Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease must be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Landlord’s submission of this instrument to Tenant for examination or signature by Tenant does not constitute a reservation of or an option to lease and is not effective as a lease or otherwise until Landlord and Tenant both execute and deliver this Lease. The parties agree that, regardless of which party provided the initial form of this Lease, drafted or modified one or more provisions of this Lease, or compiled, printed or copied this Lease, this Lease is to be construed solely as an offer from Tenant to lease the Premises, executed by Tenant and provided to Landlord for acceptance on the terms set forth in this Lease, which acceptance and the existence of a binding agreement between Tenant and Landlord may then be evidenced only by Landlord’s execution of this Lease. Landlord and Tenant each caused this Lease to be executed and delivered by its duly authorized representative to be effective as of the Effective Date. IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP By: IRET, Inc., its general partner By: /s/ Xxxxxx X. Xxxxx, Xx. Print Name: Xxxxxx X. Xxxxx, Xx. Print Title: Senior Vice President DATED: By: /s/ Xxxxxxx X. Xxxxxxxxx Print Name: Xxxxxxx X. Xxxxxxxxx Print Title: Vice President AM RETAIL GROUP, INC., a Delaware corporation By: /s/ Xxxx Xxxxxx Print Name: Xxxx Xxxxxx Print Title: President

Construction of Lease and Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease must be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Landlord’s 's submission of this instrument to Tenant for examination or signature by Tenant does not constitute a reservation of or an option to lease and is not effective as a lease or otherwise until Landlord and Tenant both execute and deliver this Lease. The parties agree that, regardless of which party provided the initial form of this Lease, drafted or modified one or more provisions of this Lease, or compiled, printed or copied this Lease, this Lease is to be construed solely as an offer from Tenant to lease the Premises, executed by Tenant and provided to Landlord for acceptance on the terms set forth in this Lease, which acceptance and the existence of a binding agreement between Tenant and Landlord may then be evidenced only by Landlord’s 's execution of this Lease. Landlord and Tenant each caused this Lease to be executed and delivered by its duly authorized representative to be effective as of the Effective Date. IRET PROPERTIESLANDLORD: Date: 8/23/99 OPUS UNION STATION, A NORTH DAKOTA LIMITED PARTNERSHIP By: IRET, Inc., its general partner L.L.C. a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxx, Xx. Print Name: Xxxxxxx ---------------------------------------- Xxxxxx X. XxxxxXxxxxxx, Xx. Print Title: Senior Vice President DATEDTENANT: By: /s/ Xxxxxxx X. Xxxxxxxxx Print Name: Xxxxxxx X. Xxxxxxxxx Print Title: Vice President AM RETAIL GROUPXXXXXX.XXX, INC., a Delaware corporation By: /s/ Xxxx Xxxxxx Print NameXxxx, Xx. ---------------------------------------- Xxxxxx Xxxxx, Xx., President and Chief Operating Officer 49. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that XXXXXX X. XXXXXXX is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President of OPUS UNION STATION, L.L.C., a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Xxxx Xxxxxx Print TitleAugust 20, 1999 /s/ Xxxxx X. Xxxxxxxxxx ---------------------------------------- (Signature of Notary Public) Xxxxx X. Xxxxxxxxxx ---------------------------------------- (Printed Name of Notary Public) My Appointment expires 6/15/2002 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that XXXXXX XXXXX, XX. is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of XXXXXX.XXX, INC., a Delaware corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: PresidentAugust 20, 1999 /s/ Xxxxx X. Xxxxxxxxxx ---------------------------------------- (Signature of Notary Public) Xxxxx X. Xxxxxxxxxx ---------------------------------------- (Printed Name of Notary Public)

Construction of Lease and Terms. The terms and provisions of this Lease represent the results of negotiations between Landlord and Tenant, each of which are sophisticated parties and each of which has been represented or been given the opportunity to be represented by counsel of its own choosing, . and neither of which has acted under any duress or compulsion, whether legal, economic or otherwise. Consequently, the terms and provisions of this Lease must be interpreted and construed in accordance with their usual and customary meanings, and Landlord and Tenant each waive the application of any rule of law that ambiguous or conflicting terms or provisions contained in this Lease are to be interpreted or construed against the party who prepared the executed Lease or any earlier draft of the same. Landlord’s 's submission of this instrument to Tenant for examination or signature by Tenant does not constitute a reservation of or an option to lease and is not effective as a lease or otherwise until Landlord and Tenant both execute and deliver this Lease. The parties agree that, regardless of which party provided the initial form of this Lease, drafted or modified one or more provisions of this Lease, or compiled, printed or copied this Lease, this Lease is to be construed solely as an offer from Tenant to lease the Premises, executed by Tenant and provided to Landlord for acceptance on the terms set forth in this Lease, which acceptance and the existence of a binding agreement between Tenant and Landlord may then be evidenced only by Landlord’s 's execution of this Lease. Landlord and Tenant each caused this Lease to be executed and delivered by its their duly authorized representative to be effective as of the Effective Date. IRET PROPERTIESDated: 12/9/98 LANDLORD: TENANT: OPUS EAST. L.L.C., A NORTH DAKOTA LIMITED PARTNERSHIP By: IRETa Delaware limited SM&A CORPORATION, Inc., its general partner liability company a California Corporation By: /s/ Xxxxxx X. Xxxxx, Xx. Print Xxxxxxxxxx By: Xxxxxx X. Xxxx -------------------------------- ------------------------------ Name: Xxxxxx X. Xxxxx, Xx. Print Xxxxxxxxxx Name: Xxxxxx X. Xxxx Title: Senior Vice President DATED: By: /s/ Xxxxxxx X. Xxxxxxxxx Print Name: Xxxxxxx X. Xxxxxxxxx Print Title: Vice President AM RETAIL GROUP, INC., a Delaware corporation By: /s/ Xxxx Xxxxxx Print Name: Xxxx Xxxxxx Print Title: PresidentSr. V.P. & CFO EXHIBIT "A" ----------- DEFINITIONS -----------