Common use of Existing Leases Clause in Contracts

Existing Leases. During the period from the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price.

Existing Leases. During the period from the expiration Landlord hereby assigns and transfers to Tenant, as of the Inspection Period through Closing Commencement Date and for as long as this Lease is in effect, all of its right, title and interest (if any) in and to the existing leases on the Properties which were assigned to Landlord pursuant to the Sale Agreement (the "Existing Leases"), including (without limitation) all rights under the Existing Leases to collect and retain rent due under the Existing Leases and other charges payable by the tenants thereunder with respect to period commencing on or earlier termination after the Commencement Date. Tenant will continue to have all rights and obligations under such Existing Leases, and such Existing Leases will, for purposes of this Agreement or default by Buyer hereunder)Lease, Seller shall not enter into new leases for be considered subleases of portions of the Premises now vacant respective Property. In the event Landlord's first trust deed beneficiary or for portions of mortgagee requires that Landlord attempt to get a subordination and non-disturbance agreement (the Premises which may become vacant, or enter into "SNDA") from tenants under any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which Tenant will forward the rent is greater proposed form of SNDA as Landlord may provide to Tenant to such tenants and request that they execute the same. However, Tenant will be under no obligation to obtain execution of the SNDA by such tenants or to pay any amounts or take other action to obtain the same, other than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration forwarding of the Inspection Periodrequired form of SNDA with such request. Tenant agrees to indemnify, defend and (iv) those rental concessions which are paid by Seller prior to the Closing Datehold harmless Landlord and Landlord's Mortgagee from any liabilities, costs, damages, losses and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of expenses arising from the Existing Leases prior or any assignment of this Lease or any new sublease entered into by Tenant to Closing shall not excuse Buyer from its obligation to complete Closing the extent such liabilities, costs, damages and to pay expenses have arisen or accrued before, or arise or accrue during, the full Purchase PriceTerm of this Lease.

Existing Leases. During Notwithstanding the period from provisions of Section 4.1 above, Seller has disclosed to Buyer the expiration existence of the Inspection Period through Closing following two leases with third party tenants for space in Building A: (or earlier termination a) a lease to the Orange County Bar Association ("OCBA") for 7425 square feet of this Agreement or default by Buyer hereunderspace on the first floor of Building A for a term that expires on November 30, 2007, with no option to extend (the "OCBA Lease"), and (b) a lease to Xxxxxxx & Associates for 1420 square feet of space on the 4th floor of Building A for a term that expires on May 31, 2006, with no option to extend (the "AA Lease"). The OCBA Lease and the AA Lease are referred to as the "Existing Leases" and the tenants thereunder are referred to as the "Existing Tenants." Prior to the Due Diligence Expiration Date, Seller shall not enter into new leases for portions deliver to Buyer a true and complete copy of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms each of the Existing Leases. As of the Closing and at Seller’s option, either (i) Seller shall have caused the Existing Leases to be terminated and the Existing Tenants to vacate Building A, or (ii) those Seller shall remain as the lessor to the Existing Leases as a direct lease between Seller and the Existing Tenants and as a sublease to the Lease for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unitBuilding A , or (iii) Buyer shall assume the following rental concessions: 10% discounts for law enforcement officersSeller’s interest in the Existing Leases as a direct lease between Buyer and the Existing Tenants. If clause (ii) above is applicable to an Existing Lease, 5% discount for teachers, 5% discount for hospital personnelthen such Existing Lease shall be considered as a sublease between Seller and the Existing Tenant, and 3% discount for senior citizens (such discounts are taken off market rentexcept as provided below, on one year leases only and cannot Seller shall be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used solely responsible for the Existing Leases) without first submitting such Lease as a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which sublease under the lessor's consent is required) to Buyer Seller Lease for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Building A and Buyer shall be deemed to have approved no obligations or liabilities in connection with the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price.Existing

Existing Leases. During Property Manager shall not be entitled to a Leasing Commission with respect to the period from current term of any Lease executed by Owner prior to the expiration date hereof (each, an "Existing Lease"), whether or not the terms of such Existing Lease have commenced or the tenants under such Lease have commenced to occupy the space; provided, that, subject to the limitations set forth in subparagraph (v) below, Property Manager shall receive a Leasing Commission in connection with (a) any renewal of any Existing Lease (as further provided in this subparagraph), (b) the expansion of the Inspection Period through Closing space presently covered by such Existing Lease (as further provided in this subparagraph), or earlier termination (c) an amendment of an Existing Lease that results in additional income to Owner. If at any time during the term of this Agreement, the term of a Lease is renewed or extended pursuant to any option(s) or right(s) contained in the Lease, then, in such event, Owner shall pay a Leasing Commission to Property Manager based on the aggregate Base Rent for the renewal or extension terms(s) and computed at the rates set forth in Exhibit F, except that the additional commission(s) shall be calculated at the percentage rate level that would have applied if the renewal or extension period were a part of the initial term of the Lease. If at any time during the term of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant term of a Lease is entitled renewed or extended not pursuant to any option(s) or right(s) contained in the terms of the Existing Leases, Lease; or (ii) those for which the rent is greater than the rent shown a tenant leases other or additional space(s) from Owner; then, in such event, Owner shall pay a Leasing Commission to Property Manager based on the aggregate Base Rent Roll (as hereinafter defined) for the applicable unit, (iiirenewal or extension terms(s) or for such other or additional space(s) and computed at the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (rates set forth in Exhibit F as if such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount renewal or concession), so long as not more than twenty (20) extension were a new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used Lease for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Pricespace affected thereby.

Existing Leases. During (a) Landlord hereby assumes the period from existing rent obligations, including base rent and rent adjustments based on increases in taxes and expenses and increases in rent based upon increases in the expiration consumer price index (but no damages or other liabilities or obligations regardless of characterization as "rent" or "additional rent" under such leases except as provided in Section 51) of Tenant for existing leases at 111 Xxxx Xxxxxxxxxx, Xxx Xxxxx XxXxxxx Xxxxxx xxx 111 Xxxxx Xxxxx Xxxxxx (xxllectively, the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder"Existing Leases"), Seller for the remainder of their terms accruing as of and after the Low-Rise Rent Commencement Date, but in no event earlier than the date Tenant has moved into all low-rise space in the Initial Premises and is paying Rent on all such space in the Initial Premises (but with regard to taxes or expenses generally paid on an accrual basis, amounts payable after such date but attributable to prior periods will be excluded) except as provided in the following sentence; provided that Landlord will not assume the rent for any space while Tenant is occupying such space, subject, however, to the provisions of Section 51. If Tenant takes partial occupancy pursuant to the next to last paragraph of Section 35, then Landlord shall not enter into new leases assume rent obligations for portions space under Existing Leases as provided in Section 38(b) below when Tenant is paying Rent for the corresponding amount of area occupied in the Premises. (b) Within five (5) days prior to the date that Tenant takes occupancy of space within the Premises now vacant pursuant to the next to last paragraph of Section 35, Tenant shall deliver to Landlord a certificate from both Tenant and Tenant's Space Planner certifying both the area that Tenant has vacated or for portions of is about to vacate under the Existing Leases and the areas in the Premises which may become vacantwill be occupied by the department which has vacated the space so certified. Absent fraud or manifest error, or enter into any amendments such areas in the Premises to be occupied will be deemed to correspond to the vacated area. Such certification shall be done on a department by department basis as opposed to individual persons. (c) Tenant represents that it has heretofore delivered complete and correct copies of any the Existing Leases and the 30 North Lease and that there are no other agreements, oral or consent written, amending these leases or Tenant's obligations under them. The "30 North Lease" is the lease of floors 37 and 38 to any renewalsTenant at 30 Nxxxx XxXxxxx Xxxxxx, extensions or expansions Xxxxxxx, Xxxxxxxx. Xxnant shall also furnish to Landlord promptly after receipt by tenant copies of statements from landlords under the Existing Leases or agree which are furnished to any rental concessions (other than Tenant as to (i) those to tax bills and assessed valuations for the buildings in which the tenant is entitled premises leased pursuant to the terms Existing Leases are located, and (ii) annual and monthly statement of rent adjustment, additional rent, escalations, CPI increases, or other payments on account of taxes and expenses (the amounts of which are not set forth in the leases), which copies Tenant shall certify as having been received from such landlords. (d) Tenant may not increase the rent, extend the term of, or renew any of the Existing Leases (except as permitted by Section 51), add any additional space to the existing premises under any of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with or agree to any other discount termination payment or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of amend any of the Existing Leases prior in any way which would have the effect of increasing Landlord's obligations or liabilities under this Section 38 or other provisions whereby Landlord is assuming or agreeing to Closing pay a rent obligation of Tenant or Holdover Costs; provided, however, if Tenant does any of the foregoing, then Landlord (as its sole remedy as it relates to such acts by Tenant) shall not excuse Buyer from its obligation have any obligations with respect to complete Closing and such Existing Lease or rent assumption or payment of Holdover Costs. Tenant may contest payments owed under Existing Leases, but Landlord will not be obligated to pay any costs or increases in rent as a result of such contest. Tenant shall cooperate with Landlord in any efforts to effect an early termination or assignment of, or a sublease under, an Existing Lease to produce additional income to offset the full Purchase Pricecost incurred by Landlord in performing its obligations under this Section 38, so long as Tenant's operations are not disrupted other than on account of Tenant's own acts, and Existing Lease obligations and liabilities are not increased. Landlord agrees not to take any action which would put Tenant in default under the Existing Leases. (e) The failure of Landlord to timely pay any obligation of Landlord under this Section 38 shall constitute a Landlord default under Section 29 hereof, subject to the notice and cure periods contained in Section 29.

Existing Leases. During the period from the expiration (1) Exhibit "E" sets forth a true, correct and complete list of the Inspection Period through Closing Existing Leases for the related Premises and the information with respect to the Existing Leases set forth in Exhibit "E" hereto is true, correct and complete in all material respects, (2) no tenants are entitled to any rebates, rent concessions or earlier termination of this Agreement free rent except as may be expressly set forth in the Existing Leases or default by Buyer hereunder)on Exhibit "E", Seller shall not enter into new leases for portions (3) no rents due under any of the Premises now vacant Existing Leases are presently assigned, hypothecated or for portions of encumbered by Seller, other than in connection with any mortgage encumbering the Premises which may become vacantshall be satisfied in connection with the closing for the Property in question, (4) there are no unpaid brokerage commissions or enter into any amendments unpaid landlord obligations for tenant improvements in connection with the current term of any Existing Leases or consent to any renewals, extensions or expansions occupancy of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of tenants under the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of no rent under any of the Existing Leases has been prepaid (except for rental for the current month and payments that are required to be made in advance pursuant to the terms and provisions of the Existing Leases and except for prepayments set forth either in the Existing Leases or as set forth on Exhibit "E"), (6) as of the Closing Date no Existing Lease shall be terminated by agreement with the tenant (except by reason of a default by the tenant thereunder or except for notices given to indicate the landlord's intention not to permit the term of the lease to continue or be renewed for an additional term), (7) no tenant has notified Seller in writing of its intent to terminate its lease prior to Closing shall not excuse expiration of the term of such lease, (8) no written notice of any default under the Existing Leases has been given or received by the related Seller, and (9) the copies of the Existing Leases delivered to Buyer from its obligation to are true, correct and complete Closing and to pay the full Purchase Pricecopies thereof.

Existing Leases. Possession of each Seller’s Respective Premises and Respective Personal Property is to be given by such Seller to Buyer at the completion of the Applicable Closing by delivery of the Deed and Xxxx of Sale relating thereto, the General Assignment and Assumption Agreement and, as applicable, the Ground Lease Assignment (as defined in Section 14(a)(x)). At the Applicable Closing, pursuant to the General Assignment and Assumption Agreement, each Seller shall assign to Buyer the Existing Leases. During the period from the expiration of the Inspection Period date hereof through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller none of the Sellers shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such (i) all relevant supporting documentation, as reasonably determined by Buyer and (ii) a copy term sheet containing the proposed material terms of such proposed the lease or lease amendment (including any renewal, extension or expansion as to which the lessor's ’s consent is required) to Buyer for Buyer's ’s approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) as described in the term sheet within five (5) business days of Buyer's ’s receipt of a copy thereofsuch term sheet, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All Notwithstanding anything to the contrary, Buyer shall have the right to approve the final form of any such document and provide comments prior to execution thereof. With respect to each Property, all such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's ’s consent is not required), all new leases entered into prior to the expiration of the Inspection Period, ) and the presently existing leases that are listed on Exhibit "C" “H” hereto with respect to such Property are collectively herein called the "“Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price”.

Existing Leases. During the period Seller represents that all rent due from the expiration tenants of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall Building is not enter into new leases for portions of in arrears on the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater date hereof. Other than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are Leases listed on Exhibit "CG" hereto are collectively herein called attached hereto, Seller has not entered into any contract or agreement with respect to the "Existing Leases"occupancy of the Property or any portion or portions thereof which will be binding on Purchaser or the Property after the Closing. The termination copy of the Leases heretofore delivered or expiration made available by Seller to Purchaser are a true, correct and complete copies thereof, and the Leases have not been amended except as evidenced by amendments similarly delivered and listed on Exhibit "G" attached hereto and constitute the entire agreement between Seller and the tenant thereunder. To Seller's knowledge, except as set forth in Exhibit "I" attached hereto, Seller has not given or received any written notice of any party's default or failure to comply with the terms and provisions of the Leases which remains uncured. Seller is the landlord under each of the leases and has not assigned, mortgaged, pledged, sublet, hypothecated or otherwise encumbered any of its rights or interests under any of the Existing leases in a manner which will survive the Closing. The security deposits delivered by each tenant under Leases prior are as set forth in Exhibit "G". No tenant has paid any rents more than one (1) month in advance. Except as set forth in Exhibit "G", no tenant is entitled to Closing any free rent, abatement of rent or similar concession. Anything to the contrary contained in this sub-section (e) notwithstanding, with regard to the License Agreement and Permit to Enter Upon Premises, each dated June 26, 2003, between Seller and The Long Island Rail Road Company listed on Exhibit G attached hereto, Seller is not landlord but rather licensee, and Seller shall continue to be licensee thereunder, and said instruments shall not excuse Buyer from its obligation be assigned to complete Closing and to pay the full Purchase PricePurchaser.

Existing Leases. At Closing, pursuant to the Assignment and Assumption of Leases in the form annexed hereto as Exhibit “F”, Seller shall assign to Buyer the Existing Leases. During the period from the Effective Date through and including the last day of the Inspection Period, Seller shall have the right, upon notice to Buyer but without Buyer’s consent or approval, to enter into new leases for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases. During the period from and including the day immediately following the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing LeasesLease) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's ’s consent is required) to Buyer for Buyer's ’s approval. If Buyer does , which may not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price.unreasonably withheld or

Existing Leases. During Subject to Section 8.1, other than the period from Leases listed in the Rent Roll, the Seller has not entered into any written contract or agreement with respect to the use or occupancy of the Property that will be binding on the Purchaser after the Closing. The copies of the Leases and all tenant correspondence files heretofore delivered by the Seller to the Purchaser are true, correct and complete copies thereof, and such Leases have not been amended except as evidenced by amendments similarly delivered and constitute the entire agreement between the Seller and the tenants thereunder. Except as otherwise set forth in the Rent Roll : (i) to the Seller’s actual knowledge each of the Leases is in full force and effect on the terms set forth therein; (ii) to the Seller’s actual knowledge there are no uncured defaults or circumstances which with the giving of notice, the passage of time or both would constitute a default thereunder by Seller; (iii) to the Seller’s actual knowledge each of its tenants is required to pay all sums and perform all material obligations set forth therein without any concessions, abatements, offsets, defenses or other basis for relief or adjustment except as disclosed in the Property Documents; (iv) to the Seller’s actual knowledge, none of its tenants has asserted or has any defense to, offsets or claims against, rent payable by it or the performance of its other obligations under its Lease except as disclosed in the Property Documents; (v) except as disclosed in the Property Documents, the Seller has no outstanding obligation to provide any of its tenants with an allowance to perform, or to perform at its own expense, any tenant improvements; (vi) except as disclosed in the Property Documents, none of its tenants has prepaid any rent or other charges relating to the post-Closing period; (vii) except as disclosed in the Property Documents, to the Seller’s actual knowledge, none of its tenants has filed a petition in bankruptcy or for the approval of a plan of reorganization or management under the Federal Bankruptcy Code or under any other similar state law, or made an admission in writing as to the relief therein provided, or otherwise become the subject of any proceeding under any federal or state bankruptcy or insolvency law, or has admitted in writing its inability to pay its debts as they become due or made an assignment for the benefit of creditors, or has petitioned for the appointment of or has had appointed a receiver, trustee or custodian for any of its property, in any case that would have a material adverse effect on the business or operations of the Property; (viii) to the Seller’s actual knowledge except as disclosed in the Property Documents, none of its tenants under a Lease has in the past 12 months requested in writing a modification of its Lease, or a written release of its obligations under its Lease in any material respect or has given written notice terminating its Lease, or has been released by Seller of its obligations thereunder prior to the normal expiration of the Inspection Period through Closing term thereof; (ix) except as set forth in the Property Documents, no guarantor has been released or earlier termination of this Agreement discharged, voluntarily or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacantinvoluntarily, or enter into by operation of law, from any amendments obligation under or in connection with any of any Existing its Leases or consent any transaction related thereto; and (x) except as disclosed in the Property Documents, all brokerage commissions currently due and payable with respect to any renewals, extensions or expansions each of Existing its Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on have; been paid. The information set forth in the Rent Roll (as hereinafter defined) for the applicable unitis true, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, correct and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and complete in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Pricematerial respects.

Existing Leases. During With respect to those Leases listed on Exhibit "F" attached hereto and made a part hereof (the period from "Existing Xxxxxx Leases"), as assigned by Essex Insurance Company (an affiliate of Tenant) to Landlord, (a) Tenant acknowledges and accepts the expiration existence of such Existing Xxxxxx Leases, and acknowledges and agrees that neither the Existing Xxxxxx Leases nor any rights of the Inspection Period through Closing tenants thereunder shall alter, diminish, reduce or modify any obligations of Tenant hereunder, including, but not limited to, obligations to pay Rent and Additional Rent hereunder, notwithstanding that parties other than Tenant have occupancy rights under and pursuant to the Existing Xxxxxx Leases and the space demised thereby; (or earlier termination of this Agreement or default b) Tenant requests that Landlord permit Tenant to receive and retain the rights to receive the rent and other performance by Buyer hereunder)the tenants under the Existing Xxxxxx Leases, Seller as if such Existing Xxxxxx Leases constituted subleases permitted hereby; (c) Landlord agrees that Tenant shall not enter into new leases for portions of be entitled to receive and retain the Premises now vacant or for portions of rights to receive the Premises which may become vacantrent and other performance by the tenants under the Existing Xxxxxx Leases, or as if such Existing Xxxxxx Leases constituted subleases permitted hereby; (d) Landlord agrees that Tenant shall be entitled to negotiate with, take actions with respect to, and otherwise deal with such tenants under the Existing Xxxxxx Leases, as if such Existing Xxxxxx Leases constituted subleases permitted hereby, and, in connection therewith Landlord agrees that Landlord shall enter into any amendments modification or amendment of such Existing Xxxxxx Leases as Tenant may direct Landlord in writing, subject to Landlord's review and approval thereof, which shall not be unreasonably withheld, delayed or conditioned, (e) Tenant shall have no right to modify or amend any covenant set forth in any Existing Leases Xxxxxx Lease which would increase or consent impose any new (or extended) obligations on Landlord or on the successor in title to any renewalslandlord or lessor thereunder, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection PeriodTerm of this Lease, and (ivf) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including Landlord hereby relinquishes any renewal, extension or expansion as rights to which Tenant is entitled under this Paragraph 10.04 during the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease Term or amendment (or renewal, extension or expansion agreement) within five (5) business days extended Term of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Pricethis Lease.

Existing Leases. During To Seller’s knowledge, (1) the period list of Existing Leases set forth in Exhibit “E” hereto is true and correct in all material respects, and except for the Seller’s Existing Leases there are no occupancy or other contracts for the possession of all or any part of the Seller’s Premises, (2) there are no unpaid installments of leasing or brokerage commissions that are payable after Closing with respect to the current term of such Existing Leases entered into prior to the date hereof, (3) except as expressly set forth in such Existing Leases, there are no unpaid landlord obligations for tenant improvements that are payable after Closing in connection with the current term of such Existing Leases entered into prior to the date hereof, (4) Seller has not given to any tenant nor received from any tenant any written notice of default that remains uncured under any of the Seller’s Existing Leases, except as may be set forth on Exhibit “E-1” and (5) no rental or monetary concessions have been granted to tenants not contained in such Existing Leases. Seller represents that (A) at the time of Closing, Seller shall have accepted no prepayment of rent under any of the Seller’s Existing Leases (except for rental for the current month and payments that are required to be made in advance pursuant to the terms and provisions of such Existing Leases or as set forth on Exhibit “E-1” attached hereto), (B) at the time of Closing, Seller shall not have terminated any of such Existing Leases subsequent to the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which agreement with the tenant is entitled pursuant to (except as permitted by the terms of any such Existing Lease or by reason of a default by the Existing Leases, (ii) those tenant thereunder or except for which notices given to indicate the rent is greater than landlord’s intention not to permit the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration term of the Inspection Periodlease to continue or be renewed for an additional term), and (ivC) those rental concessions which to Seller’s knowledge, the copies of Seller’s Existing Leases previously delivered or made available to Buyer by or on behalf of Seller are paid by Seller prior to the Closing Datetrue, correct and complete in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment material respects (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreementall material amendments thereto). All such new leases and modifications approved or deemed approved by Buyer (and renewalsExcept as set forth on Exhibit “E-2”, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration none of the Inspection PeriodProperties is subject to any affordable housing requirement, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination restriction, covenant or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Priceagreement.

Existing Leases. During the period from the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder)If Seller intends, Seller shall not prior to Closing, to enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or to enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without shall first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) submit to Buyer for Buyer's approvalapproval a term sheet (the "Leasing Term Sheet") identifying the tenant or proposed tenant and setting forth the material economic terms of such transaction. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) transaction by written notice to Seller given within five (5) business days of after Buyer's receipt of a copy thereofthe Leasing Term Sheet, Buyer shall be deemed to have approved the proposed lease transaction which is the subject of such Leasing Term Sheet. Buyer acknowledges that it has approved the pending lease transactions described on Schedule 7(g) to this Agreement. Notwithstanding the foregoing, Seller shall not be required to obtain Buyer's consent to such amendments as Seller may be required to enter under the terms of an Existing Lease or which Seller may enter to confirm matters for which a tenant under an Existing Lease exercises an option (for example, an amendment (or renewal, extension or to confirm the terms pursuant to which a tenant may lease expansion agreementspace following the exercise by such tenant of an expansion option). Seller shall promptly notify Buyer of any such amendments. Seller shall not enter any new lease or amend any Existing Lease, except as provided in this Paragraph. All such new existing leases listed on Exhibit D to this Agreement, together with lease amendments and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Periodin accordance with this Paragraph, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The ." Without limiting the effect of any other condition to Closing contained in this Agreement, the termination or expiration of any of the Existing Leases prior to Closing by reason of the expiration of its term or by reason of the tenant's default or exercise of a termination right shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price. At Closing, Buyer shall receive a credit on account of the Purchase Price equal to the amount of any lease termination or similar payment made by any tenant to Seller between the date of this Agreement and Closing.

Existing Leases. During Any rents and other amounts prepaid, accrued or due and payable under the period from the expiration Existing Leases shall be prorated as of the Inspection Period through Closing (or earlier termination of this Agreement or default Cut-Off Time between Original Landlord and Tenant. Tenant shall receive a credit for all Existing Deposits and tenant improvement escrows which are not transferred by Buyer hereunder)Original Landlord to Tenant, Seller shall not enter into new leases and for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the all unfunded tenant is entitled pursuant to the terms of improvement obligations owed by Original Landlord under the Existing Leases, and Tenant thereafter shall be obligated to refund or apply such Existing Deposits and undertake such tenant improvements, in accordance with the terms of such Existing Leases. Tenant shall not receive a credit for any Existing Deposits held by Original Landlord which are either transferred to Tenant or otherwise not assignable, in which case Original Landlord shall either (iiA) those obtain replacement security for Tenant in respect thereto, upon which Original Landlord will thereafter be entitled to return such Existing Deposits to Existing Tenants, or (B) hold such Existing Deposit in trust for Tenant. Original Landlord shall use all commercially reasonable efforts to require any Existing Tenant who has posted letter of credit security to post a replacement letter of credit in favour of Tenant upon closing. With respect to common area maintenance charges (“CAM”) to Existing Tenants that are estimated, and which the rent is greater than Existing Lease requires be rebated if overpaid, Tenant will rebate and Original Landlord will pay Tenant its pro rata portion of any such rebate based upon the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, number of days before and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration Cut-Off Time. If estimated CAM are underpaid by any Existing Tenants and Tenant, after using all commercially reasonable efforts to collect the same, Original Landlord will pay to Tenant a pro rata portion of the Inspection Period, amount of uncollectible CAM based upon the number of days before and (iv) those rental concessions which are paid by Seller after the Cut-Off Time. Tenant will use commercially reasonable efforts to collect percentage rents due from tenants under the Existing Leases and will rebate a pro rata portion to Original Landlord for any such percentage rents attributable to the period prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase PriceCut-Off Time.

Existing Leases. During Landlord and Tenant hereby acknowledge and agree that the period from the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder)Existing Leases are still in full force and effect and that Tenant's right to possess, Seller shall not enter into new leases for use and occupy those portions of the Premises now vacant or for portions of described in the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent shall be subject to any renewals, extensions or expansions of the Existing Leases and shall not commence unless and until the Existing Leases expire or agree are terminated. Notwithstanding the foregoing, however, Tenant's obligation to any rental concessions (other than (i) those pay or cause to which be paid the tenant is entitled Rent shall commence on the Commencement Date, and Landlord, pursuant to that certain Assignment of Rents to Tenant, has assigned to Tenant the right to receive all rents and other amounts from the Existing Leases . Tenant shall have the right to direct Landlord regarding negotiations with Existing Tenants concerning the Existing Leases and to direct Landlord to terminate the Existing Leases on terms and conditions acceptable to Tenant without Landlord's consent. So long as an Event of Default has not occurred under this Lease, Landlord shall immediately deliver to Tenant any and all amounts that Landlord may hereafter receive from Existing Tenants with respect to the Existing Leases. Landlord shall have no right to modify, amend or terminate the Existing Leases without the prior written consent of Tenant. Prior to the expiration or termination of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration Landlord will perform all of the Inspection Period, duties and (iv) those rental concessions which are paid by Seller prior to obligations of the Closing Date, and in all events using forms substantially the same as those used for Landlord under the Existing Leases) without first submitting such a copy of such proposed lease ; provided, however, that Tenant shall have no right to modify or lease amendment (including any renewal, extension or expansion amend the Existing Leases so as to which increase the lessor's maintenance, repair or other duties and obligations of the Landlord under the Existing Leases without the prior written consent is required) of Landlord. Tenant shall indemnify Landlord for any damages and liabilities that Landlord may suffer or incur as a result of Landlord being made a party to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved any litigation that may hereafter arise between Tenant and Existing Tenants concerning the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior Existing Leases except to the expiration extent that such litigation concerns the failure of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of Landlord to perform any of the duties and obligations of the landlord under the Existing Leases prior or the negligence or misconduct of Landlord. After the termination of the Existing Leases, Tenant, at Tenant's option, shall have the right to, among other things, occupy all or any portion of the Premises for Tenant's own use or sublease all or any portion of the Premises to Closing a third party (subject to limitations therein set forth in this Lease or in the First Mortgage); provided, however, that Tenant shall not excuse Buyer from its obligation to complete Closing and to pay remain liable for payment of the full Purchase PriceRent during the Term of this Lease.

Existing Leases. During (a) Seller represents to Buyer that all existing apartment leases at the period from Property (the expiration "Leases") and any other rights to the use or occupancy of the Inspection Period through apartments at the Property (the "Tenancies") are identified on Exhibit E attached hereto. (b) Between the Contract Date and the Closing (or earlier termination of this Agreement or default by Buyer hereunder)Date, Seller shall not enter into new leases for portions perform or cause to be performed all obligations of Seller or the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to landlord under the terms of the Existing Leases. (c) To the best of Seller's knowledge, Seller warrants to Buyer that all the Leases are in full force and effect and that no tenant under any of the Leases has any pending claim or basis for any claim for any reduction, deduction or set off against the landlord or the rent due thereunder. Seller further warrants that to the best of Seller's knowledge, except as respects the First Mortgage, Seller has the sole right to collect the rents due under the Leases and that neither the Leases nor the right to collect the rents due thereunder has been assigned, pledged, hypothecated or otherwise encumbered by Seller. During the Inspection Period, Buyer shall have the right to review and inspect copies of all documents comprising the Leases and to make necessary copies thereof. Buyer shall also have the right to review and inspect all Tenants' files and documents therein including, but not limited to, applications and credit histories. Seller warrants that to the best of Seller's knowledge, there are no amendments, modifications, extensions or renewals of such Leases that are not reflected by such documents and Exhibit E. Exhibit E shall set forth the following information with respect to each Lease: (i) the name of each tenant residing in each unit number designation; (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter definedapartment number(s) for the applicable unit, occupied by such tenant; (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, commencement and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration termination dates of the Inspection Period, Lease; and (iv) those rental concessions which are paid by Seller prior to all allowances, concessions, free rent or reduced rent payable thereunder; and (v) the Closing Date, amounts of security deposits for each unit and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Pricetenancy.

Existing Leases. During With respect to those Leases listed on Exhibit "F" attached hereto and made a part hereof (the period from "Existing Xxxxxx Leases"), as assigned by Evanston Insurance Company (an affiliate of Tenant) to Landlord, (a) Tenant acknowledges and accepts the expiration existence of such Existing Xxxxxx Leases, and acknowledges and agrees that neither the Existing Xxxxxx Leases nor any rights of the Inspection Period through Closing tenants thereunder shall alter, diminish, reduce or modify any obligations of Tenant hereunder, including, but not limited to, obligations to pay Rent and Additional Rent hereunder, notwithstanding that parties other than Tenant have occupancy rights under and pursuant to the Existing Xxxxxx Leases and the space demised thereby; (or earlier termination of this Agreement or default b) Tenant requests that Landlord permit Tenant to receive and retain the rights to receive the rent and other performance by Buyer hereunder)the tenants under the Existing Xxxxxx Leases, Seller as if such Existing Xxxxxx Leases constituted subleases permitted hereby; (c) Landlord agrees that Tenant shall not enter into new leases for portions of be entitled to receive and retain the Premises now vacant or for portions of rights to receive the Premises which may become vacantrent and other performance by the tenants under the Existing Xxxxxx Leases, or as if such Existing Xxxxxx Leases constituted subleases permitted hereby; (d) Landlord agrees that Tenant shall be entitled to negotiate with, take actions with respect to, and otherwise deal with such tenants under the Existing Xxxxxx Leases, as if such Existing Xxxxxx Leases constituted subleases permitted hereby, and, in connection therewith Landlord agrees that Landlord shall enter into any amendments modification or amendment of such Existing Xxxxxx Leases as Tenant may direct Landlord in writing, subject to Landlord's review and approval thereof, which shall not be unreasonably withheld, delayed or conditioned, (e) Tenant shall have no right to modify or amend any covenant set forth in any Existing Leases Xxxxxx Lease which would increase or consent impose any new (or extended) obligations on Landlord or on the successor in title to any renewalslandlord or lessor thereunder, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection PeriodTerm of this Lease, and (ivf) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including Landlord hereby relinquishes any renewal, extension or expansion as rights to which Tenant is entitled under this Paragraph 10.04 during the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease Term or amendment (or renewal, extension or expansion agreement) within five (5) business days extended Term of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Pricethis Lease.

Existing Leases. During the period from the expiration (a) There are no leases, tenancies, subleases, licenses or other rights of occupancy or use for any part of the Inspection Period through Closing Property, except as listed on Schedule 5.1.4 attached hereto (or earlier termination the “Existing Leases”). (b) Subject to the obligations of this Agreement or default by Buyer PAID hereunder), Seller PAID shall not enter into new leases for portions keep, observe and perform all of the Premises now vacant or for portions of the Premises which may become vacantits obligations, or enter into any amendments of any as landlord, under all Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which as the tenant is entitled same may be amended pursuant to the terms provisions of this Agreement) and shall, at its sole cost and expense, enforce both its rights under all such Existing Leases (including, with limitation, rights of termination, eviction and recapture of possession) and the performance by each of the Existing Leasestenants thereunder of all of their respective obligations to be kept, observed or performed by each such tenant. (iic) those for which PAID shall not modify or expand the rent is greater than provisions of, or extend the rent shown on the Rent Roll (as hereinafter defined) for the applicable unitterm of, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior without first obtaining the consent of Urban, or enter into new or replacement leases for all or any portions of the spaces covered by such Existing Leases upon the expiration or termination thereof, it being understood that Urban may withhold its consent if the extension of a term or a modification or expansion of a provision of an Existing Lease or the creation of a new or replacement lease would either adversely affect Urban’s use, occupancy and enjoyment of any of the Properties or the operation of Urban’s businesses thereon or therefrom, and/or impair Urban’s ability to Closing exercise any of its rights, options or privileges provided by this Agreement with respect to Buildings 3, 10, 25 and/or 41, all in Urban’s sole discretion. In addition to, but not in limitation of the foregoing, with respect to the DRPA Lease, PAID shall not excuse Buyer from its obligation consent to complete Closing any change in tenancy, or to an assignment or a subletting, except to a DRPA Assignee or to a change in use thereunder except for DRPA Uses without first consulting with Urban to determine whether such PAID consent is required to be given under the provisions of the DRPA Lease, and to pay if it would impair any of Urban’s rights under the full Purchase PriceROFO Agreement.

Existing Leases. During the period from the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i1) those to which the tenant is entitled pursuant to the terms Exhibit “D” annexed hereto lists all of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (including all modifications and amendments thereto, in effect as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Perioddate hereof, and (iv2) those rental concessions which to Seller’s knowledge there are paid no unpaid installments of leasing or brokerage commissions that are payable by Seller prior the landlord under the Existing Leases or pursuant to any brokerage agreements, after Closing with respect to the Closing Date, and in all events using forms substantially the same as those used for the initial term of Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer Leases (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases thereof) entered into (or, in the case of renewals, extensions or expansions, exercised) prior to the expiration date hereof, other than as set forth on Exhibit “G” hereto. Seller shall have the right to update the representation and warranty set forth in this Paragraph to reflect Existing Leases entered into, terminated or modified after the Effective Date in accordance with this Agreement, subject to subparagraph (c)(ii) of Paragraph 22 of this Agreement. Seller shall make available to Buyer true, correct and complete copies of all of the Inspection Period, and the presently existing leases that are listed Existing Leases. Except as set forth on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of “D”, Seller has not received nor delivered any written notice asserting a material default under any of the Existing Leases prior which remains uncured. Seller shall have the right to Closing update the representation and warranty set forth in the foregoing sentence; provided, however, that if any such update by Seller renders that portion of the representation and warranty in the foregoing sentence relating to material defaults on the part of Seller under Existing Leases untrue in any material respect, the condition set forth in (a) (ii) below shall be deemed unsatisfied, and Buyer shall have the rights described in Paragraph 22(c)(ii) below. Seller has not excuse Buyer from its obligation entered into any brokerage and leasing commission agreements relating to complete Closing the Existing Leases other than that certain management and leasing agreement with Seller’s Property Manager, a copy of which has been provided to pay the full Purchase PriceBuyer.

Existing Leases. During No later than ten (10) days prior to the period from the expiration end of the Inspection Period through Closing Period, Seller shall deliver to Purchaser a current rent roll of all the Leases (and all oral leases affecting the Property or any portion thereof, if any) (the “Rent Roll”), setting forth the name of the tenant, the space or suite affected, the rent, the term (including any options to renew), the security deposit, pet deposits and other deposits, if any, and any special concessions, prepaid rent, options to purchase or rights of first refusal. Seller further represents and warrants to Purchaser that as of the date hereof and as of the date of Closing: (a) No other parties have any rights of occupancy or possession of the Property or any portions thereof except pursuant to the Leases and as set forth on the Rent Roll, and no tenant of any portion of the Property has any option to purchase the Property or any portion thereof, nor any rights of first refusal with respect to same. (b) Seller has not received any prepaid rent under any of the Leases except the security deposits and prepaid rent as reflected in the Leases and as shown on the Rent Roll, and Seller will not accept advance payment of any rent under any of the Leases other than first and last months’ rent. (c) The copies of the Leases delivered to Purchaser pursuant to Section 5 are true, correct, and complete. There are no modifications, understandings or agreements with respect to the Leases, except as set forth on the Rent Roll. After the Effective Date hereof and at any time prior to the earlier of a termination of this Agreement or default by Buyer hereunder)Closing, Seller shall will not enter into new leases for portions modify or renew any of the Premises now vacant or for portions of the Premises which may become vacant, Leases or enter into any amendments new lease or occupancy agreement for any Unit or any other portion of any Existing Leases the Property, without the prior written consent of Purchaser, which consent may be granted or withheld in Purchaser’s sole discretion. Notwithstanding the foregoing, in the event Purchaser withholds consent to any renewalsmodification, extensions renewal or expansions of Existing Leases or agree new lease, Seller shall be entitled to any rental concessions (other than (i) those to which a credit at Closing in the tenant is entitled pursuant to the terms amount of the Existing Leaseslost rent to Seller under such modification, renewal or new lease (iias applicable) those for which measured from the date such rent would have commenced through the date of Closing, but not to exceed the rent is greater payable under such modification, renewal or new lease (as applicable) for one month. (d) Other than the rent shown as set forth on the Rent Roll (Roll, all of the Leases are in good standing and without default on the part of Seller as hereinafter defined) for of the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personneldate hereof, and 3% discount shall remain without default on the part of Seller through the date of Closing. Any uncured defaults by tenants under the Leases are reflected on the Rent Roll. Seller shall be solely responsible for senior citizens (such discounts are taken off market rent, on one year leases only all rental commissions due and cannot be combined payable with respect to any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration Leases of the Inspection PeriodUnits in effect prior to Closing, and (iv) those shall pay all such rental concessions which are paid by Seller commissions prior to Closing. (e) Other than as set forth on the Closing DateRent Roll, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as there are no rental commissions due with respect to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior nor for the renewal of same. (f) All of the Leases will be assignable at Closing by the Seller without the consent of any other party. (g) To the best of Seller’s knowledge, Seller has complied with all requirements of law regarding the Leases and the handling of tenant security and other deposits under the Leases, except with respect to Closing the tenant security deposits relating to the Deposit Units (defined below) (without admitting any noncompliance with regard to security deposits held with respect to the Deposit Units). The provisions of this Section 6 shall not excuse Buyer from its obligation to complete Closing and to pay survive the full Purchase PriceClosing.

Existing Leases. During a. Landlord will deliver a current Landlord-certified rent roll to Tenant with the period from the expiration due diligence materials provided pursuant to Article 31 of this Lease, which will be a true, correct and complete list, as of the Inspection Period through Closing Effective Date, of all the leases, licenses or other occupancy agreements (or earlier termination including all amendments) and the effective date of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any each and all current month's payments and rent balances under such Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than the "Rent Roll"). Except as otherwise indicated on the Rent Roll: (i) those to which Landlord is the tenant is entitled pursuant to sole owner of the terms landlord's interest in all of the Existing Leases, and all Existing Leases are in full force and effect without current default by either Landlord or the respective tenants under such Existing Leases. (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any None of the Existing Leases have been amended, modified, or supplemented in any material way. (iii) All obligations of the Landlord under the Existing Leases with respect to the performance of work or the installation of equipment or materials required to have been performed at or prior to Closing the date hereof have been fully observed and performed, and there are no agreements with any tenant for the performance of any work by Landlord. (iv) No tenant under any Existing Lease is entitled to any concession, rebate, bonus, allowance, or free rent for any period subsequent to the Rent Commencement Date. (v) No tenant has any purchase option or other interest (other than its leasehold tenancy for a specified term, as stated in the Rent Roll) in the Premises, Bxxxx House, or any of the furniture, fixtures or equipment therein. (vi) There are no material pending claims asserted by any tenants for offsets against Rent or any other monetary claims made against Landlord as landlord. (vii) Landlord has not accepted prepaid Rent equal to more than 30 days' rental. The representations herein are limited to the current actual knowledge of Dxxxxx Xxxx, who is the person with the responsibility for management of the Property. These representations shall not excuse Buyer from its obligation be remade as of the Rent Commencement Date, subject to complete Closing and Landlord’s right to pay correct any factual errors due to passage of time. The representations in this Section 30.9 shall terminate upon the full Purchase Pricerazing of Bxxxx House.

Existing Leases. Possession of the Premises and the Personal Property is to be given by Seller to Buyer at the completion of Closing by delivery of the Deed, Bxxx of Sale and General Assignment and Assumption Agreement. At Closing, pursuant to the General Assignment and Assumption Agreement, Seller shall assign to Buyer, without any representation or warranty whatsoever (except as otherwise expressly set forth in Paragraph 9 of this Agreement) and without recourse (other than Seller’s liability for any obligations thereunder relating to the period prior to the date of Closing that Buyer has not assumed at Closing) the Existing Leases. During the period from the expiration of the Inspection Period through Closing (or earlier termination of this Agreement or default by Buyer hereunder), Seller shall not enter into new leases for portions of the Premises now vacant or for portions of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing LeasesLease) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's ’s consent is required) to Buyer for Buyer's ’s approval, which may not be unreasonably withheld or delayed. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's ’s receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's ’s consent is not required), all new leases entered into prior to the expiration of the Inspection Period, ) and the presently existing leases that are listed on Exhibit "C“D-1" hereto are collectively herein called the "“Existing Leases"”. The Neither (i) the termination or expiration of any of the Existing Leases prior to Closing by reason of the expiration of its term or the default of the tenant thereunder nor (ii) delinquency in the payment of rent (i.e., a failure to pay which, with notice and the opportunity to cure, if any, would constitute a default) by the tenant under any Existing Lease, shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price, unless such termination, default, or delinquency under (i) or (ii) relates to tenant(s) whose base rent(s), in the aggregate, equal more than five percent (5%) of the total base rent of all tenants under the Existing Leases.

Existing Leases. During Possession of each Premises, the period from Personal Property and the expiration Related Materials relating thereto is to be given by Sellers to Buyer at the completion of the Inspection Period through Closing (or earlier termination by delivery of this Agreement or default by Buyer hereunder)an applicable Deed, Seller shall not enter into new leases for portions Xxxx of the Premises now vacant or for portions of the Premises which may become vacantSale and General Assignment and Assumption Agreement. At Closing, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which the tenant is entitled pursuant to the terms of General Assignment and Assumption Agreement, each Seller shall assign the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (Leases in effect as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined of Closing with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior respect to the Closing DateSeller’s Premises to Buyer, and without any representation or warranty whatsoever except as otherwise expressly set forth in all events using forms substantially the same as those used for the Existing LeasesSection 10(a)(v) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approvalthis Agreement. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently The existing leases that are listed on Exhibit "C" “E” hereto and other leases entered into by Sellers in accordance with this Agreement are collectively herein called the "“Existing Leases"”. The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Price. During the period from the Effective Date through Closing (or earlier termination of this Agreement), each Seller shall continue leasing activities with respect its Property in the ordinary course. Sellers shall indemnify, defend and save Buyer harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, damages, liabilities, costs and expenses of every nature whatsoever relating to the Existing Leases accruing prior to the Closing Date. Buyer agrees to indemnify, defend and save Sellers harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, damages, liabilities, costs and expenses of every nature whatsoever relating to the Existing Leases accruing on or after the Closing Date.

Existing Leases. During PAID shall keep and observe and perform all of its obligations as landlord under the period from Existing Leases set forth on Schedule 5.1.4, as the expiration same are amended or modified pursuant to the provisions of this Agreement, including rights of termination, eviction and recapture of possession, and shall as landlord enforce the obligations of the Inspection Period through Closing (tenants thereunder. Urban recognizes that such tenants under the Existing Leases may attempt to challenge, object to and/or raise defenses to PAID’s actions, but PAID agrees that the obligation under this Section 6.1.9 includes a duty to act in good faith to respond to, to defend and to contest, and to the extent required, appeal, any challenges, defenses or earlier termination objections of tenants. So long as PAID so responds, defends, contests and, if necessary, appeals, PAID shall be deemed to be satisfying its obligations under this Agreement or default by Buyer hereunder), Seller Section 6.1.9. PAID shall not enter into any additional amendments, modifications, expansions or extensions of the River Associates Lease, the Xxxxx Towing Lease, the Del/San Lease, the DRPA Lease or any new leases for portions the Option Property or the ROFO Property that would preclude Urban from deriving the benefits of this Agreement, including Urban’s ability to close its option to purchase, and thereafter to use for Urban’s Use, the Option Property free and clear of tenants or occupants in accordance with the Option to Purchase Agreement, and, subject to the provisions of Section 3.2.2 hereof regarding the DRPA Lease and the rights of DRPA, as tenant, thereunder, to close its purchase on the ROFO Property free and clear of the Premises now vacant DRPA Lease and of any other tenants or for portions occupants of the Premises which may become vacant, or enter into any amendments of any Existing Leases or consent to any renewals, extensions or expansions of Existing Leases or agree to any rental concessions (other than (i) those to which ROFO Property in accordance with the tenant is entitled ROFO Agreement. PAID’s obligations pursuant to the terms of the Existing Leases, (ii) those for which the rent is greater than the rent shown on the Rent Roll (as hereinafter defined) for the applicable unit, (iii) the following rental concessions: 10% discounts for law enforcement officers, 5% discount for teachers, 5% discount for hospital personnel, and 3% discount for senior citizens (such discounts are taken off market rent, on one year leases only and cannot be combined with any other discount or concession), so long as not more than twenty (20) new leases subject to such concessions are executed after the expiration of the Inspection Period, and (iv) those rental concessions which are paid by Seller prior to the Closing Date, and in all events using forms substantially the same as those used for the Existing Leases) without first submitting such a copy of such proposed lease or lease amendment (including any renewal, extension or expansion as to which the lessor's consent is required) to Buyer for Buyer's approval. If Buyer does not disapprove in writing such a proposed lease or amendment (or renewal, extension or expansion agreement) within five (5) business days of Buyer's receipt of a copy thereof, Buyer this Section 6.1.9 shall be deemed to have approved the proposed lease or amendment (or renewal, extension or expansion agreement). All such new leases and modifications approved or deemed approved by Buyer (and renewals, extensions or expansions approved or deemed approved by Buyer or as to which the lessor's consent is not required), all new leases entered into prior to the expiration of the Inspection Period, and the presently existing leases that are listed on Exhibit "C" hereto are collectively herein called the "Existing Leases". The termination or expiration of any of the Existing Leases prior to Closing shall not excuse Buyer from its obligation to complete Closing and to pay the full Purchase Pricea Surviving Obligation.