Common use of Leasing Guidelines Clause in Contracts

Leasing Guidelines. Leasing Guidelines. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COPIES OF ALL LEASES, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOAN. Lender shall have the right to review and approve the execution, renewal, modification, settling or termination (each such action is called a “Leasing Action”) relating to the space currently occupied by the “Key Leases”. The Key Leases are X Ray X-Press Corp, The Methodist Hospital and American Medical Response. Any Leasing Action not related to the Key Leases will not require Lender written consent if the following conditions are met: Term of Lease: Maximum term of ten (10) years, including the base lease term and all extension options. Maximum Rental Space: 50,000 square feet of space (which equals 5% of the total SF). Minimum Rent: $4.00 per net rentable square foot (taking into account free rent or other concessions and tenant improvements which exceed market or building standards, etc.). Expense Provisions: NNN Form of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation with respect to the center or any other premises leased by such tenant. No lease shall contain a tenant option to lease additional space which would cause occupied square footage to exceed the limits of item 3 above or to purchase the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with Borrower.

Leasing Guidelines. Owner and Agent have adopted for the Property the Leasing Guidelines set forth in the attached Exhibit A to this Addendum C. Agent shall adhere to the Leasing Guidelines in its negotiation of letters of intent and term sheets and shall not deviate therefrom without the prior approval of Landlord, which approval shall not be unreasonably withheld. At least one hundred twenty (120) days prior to the end of each calendar year during the Term, Agent shall submit to Owner proposed revisions to then current Leasing Guidelines and Owner shall either approve such revisions or propose its own revisions to the then current Leasing Guidelines within sixty (60) days of receipt of Agent’s proposed revisions. Agent’s proposed revisions to the Leasing Guidelines should be accompanied by relevant market data to support the recommended revisions. If no revisions to the Leasing Guidelines are approved by Owner and Agent, Agent shall continue to operate under the existing Leasing Guidelines until Agent and Owner agree on the revisions to the Leasing Guidelines. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COPIES OF ALL LEASES, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOAN. Lender Agent shall have the right to review and approve the execution, renewal, modification, settling or termination (each such action is called a “Leasing Action”) relating propose additional reasonable changes to the space currently occupied by Leasing Guidelines at other times if certain conditions exist which necessitate such changes (provided that Owner shall have the “Key Leases”right, in its reasonable discretion, to accept or reject such proposals). The Key Leases end Addendum <_____> - Asset and Property Management Agreement Addendum C — Page 2 Exhibit A to Addendum C Leasing Guidelines As of the date hereof, Agent and Owner have not approved Leasing Guidelines for the current calendar year. Agent and Owner agree to reasonably cooperate to establish Leasing Guidelines but until such time as Leasing Guidelines are X Ray X-Press Corp, The Methodist Hospital and American Medical Response. Any Leasing Action not related established to the Key Leases will not require Lender written consent if the following conditions are met: Term mutual satisfaction of Lease: Maximum term of ten (10) yearsAgent and Owner, including the base lease term and Owner shall approve all extension options. Maximum Rental Space: 50,000 square feet of space (which equals 5% of the total SF). Minimum Rent: $4.00 per net rentable square foot (taking into account free rent or other concessions and tenant improvements which exceed market or building standards, etc.). Expense Provisions: NNN Form of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation negotiations with respect to new leases and the center extension, expansion or any renewal of existing leases. Without limiting the generality of the foregoing, no rental rates or other premises leased by such tenantterms shall be quoted prospective tenants without the prior consent of Owner, which consent shall not be unreasonably withheld. No lease shall contain end Exhibit <_____> - Asset and Property Management Agreement Exhibit A to Addendum C Addendum D Asset Management This Addendum D (this “Addendum”) is attached to and made a tenant option to lease additional space which would cause occupied square footage to exceed part of the limits of item 3 above or to purchase Asset and Property Management Agreement (the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with Borrower“Management Agreement”).

Leasing Guidelines. Owner and Agent adopt for the Property the Leasing GuidelinesGuidelines set forth in the attached Exhibit A to this Addendum C. Agent shall adhere to the Leasing Guidelines but retains the right to deviate from the Leasing Guidelines as it sees fit in the exercise of its commercially reasonable discretion during each leasing process; provided that Agent shall not, without Owner’s prior, written consent, not to be unreasonably withheld, conditioned, or delayed, have such discretion with respect to any Property tenant whose lease represents more than ten percent (10%) of the Property’s rentable square footage. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COPIES OF ALL LEASES, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOANOwner and Agent shall annually review the Leasing Guidelines in good faith during the Term and make such revisions thereto as they agree. Lender Agent shall have the right to review and approve the execution, renewal, modification, settling or termination (each such action is called a “Leasing Action”) relating propose additional reasonable changes to the space currently occupied by Leasing Guidelines at other times if certain conditions exist which necessitate such changes (provided that Owner shall have the “Key Leases”. The Key Leases are X Ray X-Press Corpright, The Methodist Hospital and American Medical Response. Any Leasing Action not related in its reasonable discretion, to the Key Leases will not require Lender written consent if the following conditions are met: Term of Lease: Maximum term of ten (10) years, including the base lease term and all extension options. Maximum Rental Space: 50,000 square feet of space (which equals 5% of the total SFaccept or reject such proposals). Minimum ............................................ end Addendum ASSET AND MANAGEMENT AGREEMENT ADDENDUM C – PAGE 2 Exhibit A to Addendum C LEASING GUIDELINES Term: 5 years Base Rent: $4.00 per net rentable square foot $ / RSF / NNN Annual Escalation: CPI (taking into account minimum 2%) Tenant Improvements: $ / USF for new $ / USF for renew Tenancy Conditions: Per Ground Lease Tenant Concessions (i.e., free rent or other concessions and tenant improvements which exceed market or building standardsrent, etc.)): Per-Tenant basis, to be approved by Owner. Expense Provisions: NNN Form ............................................ end Exhibit ASSET AND MANAGEMENT AGREEMENT Exhibit A to Addendum C Addendum D ASSET MANAGEMENT This Addendum D (this “Addendum”) is attached to and made a part of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to Asset and Property Management Agreement (the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation with respect to the center or any other premises leased by such tenant. No lease shall contain a tenant option to lease additional space which would cause occupied square footage to exceed the limits of item 3 above or to purchase the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with BorrowerManagement Agreement”).

Leasing Guidelines. Owner and Agent have adopted for the Property the Leasing GuidelinesGuidelines set forth in the attached Exhibit A to this Addendum C. Agent shall adhere to the Leasing Guidelines but retains the right to deviate from the Leasing Guidelines as it sees fit in the exercise of its commercially reasonable discretion during each leasing process; provided that Agent shall not, without Owner’s prior, written consent, not to be unreasonably withheld, conditioned, or delayed, have such discretion with respect to any Property tenant or occupant whose lease represents more than ten percent (10%) of the Property’s rentable square footage. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COPIES OF ALL LEASES, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOANOwner and Agent shall annually review the Leasing Guidelines in good faith during the Term and make such revisions thereto as they agree. Lender Agent shall have the right to review and approve propose additional reasonable changes to the executionLeasing Guidelines at other times if certain conditions exist which necessitate such changes (provided that Owner shall have the right, renewalin its reasonable discretion, modificationto accept or reject such proposals). end Addendum SHARP XXXX-XXXXXX - ASSET AND PROPERTY MANAGEMENT AGREEMENT Addendum C – Page 2 Exhibit A to Addendum C LEASING GUIDELINES <Parties to attach Leasing Guidelines only if there are anticipated vacancies and/or lease expirations within the current Budget period. Otherwise, settling or termination Leasing Guidelines will be established, as necessary, during the Budget process.> end Exhibit SHARP XXXX-XXXXXX - ASSET AND PROPERTY MANAGEMENT AGREEMENT Exhibit A to Addendum C Addendum D ASSET MANAGEMENT This Addendum D (each such action is called a this “Leasing ActionAddendum”) relating is attached to and made a part of the space currently occupied by Asset and Property Management Agreement (the “Key LeasesManagement Agreement”. The Key Leases are X Ray X-Press Corp, The Methodist Hospital and American Medical Response. Any Leasing Action not related to the Key Leases will not require Lender written consent if the following conditions are met: Term of Lease: Maximum term of ten (10) years, including the base lease term and all extension options. Maximum Rental Space: 50,000 square feet of space (which equals 5% of the total SF). Minimum Rent: $4.00 per net rentable square foot (taking into account free rent or other concessions and tenant improvements which exceed market or building standards, etc.). Expense Provisions: NNN Form of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation with respect to the center or any other premises leased by such tenant. No lease shall contain a tenant option to lease additional space which would cause occupied square footage to exceed the limits of item 3 above or to purchase the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with Borrower.

Leasing Guidelines. Owner and Agent have adopted for the Property the Leasing GuidelinesGuidelines set forth in the attached Exhibit A to this Addendum C. Agent shall adhere to the Leasing Guidelines but retains the right to deviate from the Leasing Guidelines as it sees fit in the exercise of its commercially reasonable discretion during each leasing process; provided that Agent shall not, without Owner’s prior, written consent, not to be unreasonably withheld, conditioned, or delayed, have such discretion with respect to any Property tenant or occupant whose lease represents more than ten percent (10%) of the Property’s rentable square footage. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COPIES OF ALL LEASES, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOANOwner and Agent shall annually review the Leasing Guidelines in good faith during the Term and make such revisions thereto as they agree. Lender Agent shall have the right to review and approve propose additional reasonable changes to the executionLeasing Guidelines at other times if certain conditions exist which necessitate such changes (provided that Owner shall have the right, renewalin its reasonable discretion, modificationto accept or reject such proposals). end Addendum < > - ASSET AND PROPERTY MANAGEMENT AGREEMENT Exhibit A to Addendum C LEASING GUIDELINES <Parties to attach Leasing Guidelines only if there are anticipated vacancies and/or lease expirations within the current Budget period. Otherwise, settling or termination Leasing Guidelines will be established, as necessary, during the Budget process.> end Exhibit < > - ASSET AND PROPERTY MANAGEMENT AGREEMENT Exhibit A to Addendum C Addendum D ASSET MANAGEMENT This Addendum D (each such action is called a this “Leasing ActionAddendum”) relating is attached to and made a part of the space currently occupied by Asset and Property Management Agreement (the “Key LeasesManagement Agreement”. The Key Leases are X Ray X-Press Corp, The Methodist Hospital and American Medical Response. Any Leasing Action not related to the Key Leases will not require Lender written consent if the following conditions are met: Term of Lease: Maximum term of ten (10) years, including the base lease term and all extension options. Maximum Rental Space: 50,000 square feet of space (which equals 5% of the total SF). Minimum Rent: $4.00 per net rentable square foot (taking into account free rent or other concessions and tenant improvements which exceed market or building standards, etc.). Expense Provisions: NNN Form of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation with respect to the center or any other premises leased by such tenant. No lease shall contain a tenant option to lease additional space which would cause occupied square footage to exceed the limits of item 3 above or to purchase the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with Borrower.

Leasing Guidelines. Leasing GuidelinesBorrower shall not enter into any Lease of space in the Improvements unless approved or deemed approved by Lender prior to execution. NOTWITHSTANDING ANYTHING CONTAINED HEREINBorrower’s standard form of tenant lease, COPIES OF ALL LEASESand any revisions thereto, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOANmust have the prior written approval of Lender. Lender shall be “deemed” to have approved any Lease that: (a) is on the standard form lease approved by Lender with any modifications thereto limited to those which Borrower reasonably believes to be customary or otherwise appropriate in leases with tenants such as the subject tenant; (b) is entered into in the ordinary course of business with a bona fide unrelated third-party tenant, and Borrower, acting in good faith and exercising due diligence, has determined that the tenant is financially capable of performing its obligations under the Lease; (c) is received by Lender, together with any guaranty(ies) and financial information received by Borrower regarding the tenant and guarantor(s), within fifteen (15) days after execution; (d) reflects an arm’s-length transaction; (e) contains no option or right of first refusal to review and approve purchase all or any portion of the execution, renewal, modification, settling Property or termination any present or future interest therein; (each such action is called a “Leasing Action”f) relating to the space currently occupied by the “Key Leases”. The Key Leases are X Ray X-Press Corp, The Methodist Hospital and American Medical Response. Any Leasing Action not related to the Key Leases will does not require Borrower to provide funds for tenant improvements in excess of the amount that is or will be available to Borrower to pay the same, (g) requires the tenant to execute and deliver to Lender written consent if the following conditions are met: Term of Lease: Maximum term of an estoppel certificate in form and substance acceptable to Lender within ten (10) years, including the base lease term days after notice from Lender; and all extension options. Maximum Rental Space: 50,000 (h) does not cover in excess of 10,000 square feet of space (which equals 5% net rentable area of the total SF)Improvements or have a rental rate that is less than $17 per square foot. Minimum Rent: $4.00 per net rentable square foot (taking into account free rent or other concessions Borrower shall provide to Lender a correct and tenant improvements which exceed market or building standardscomplete copy of each Lease, etcincluding any exhibits, and any guaranty(ies) thereof, prior to execution unless the Lease meets the foregoing requirements for “deemed” approval by Lender. Borrower shall pay all reasonable costs incurred by Lender in reviewing and approving Leases and any guaranties thereof, and also in negotiating XxxX/Xxxxxxxxx Xxxx Loan Agreement #438690v6 subordination agreements and subordination, nondisturbance and attornment agreements with tenants, including reasonable attorneys’ fees and costs.). Expense Provisions: NNN Form of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation with respect to the center or any other premises leased by such tenant. No lease shall contain a tenant option to lease additional space which would cause occupied square footage to exceed the limits of item 3 above or to purchase the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with Borrower.

Leasing Guidelines. Leasing Guidelines. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, COPIES OF ALL LEASES, NEW LEASES, LEASE AMENDMENTS OR MODIFICATIONS, LEASE EXTENSIONS, LEASE ASSIGNMENTS AND RENEWALS MUST BE FORWARDED TO LENDER IMMEDIATELY UPON EXECUTION THROUGHOUT THE TERM OF THE LOAN. Lender shall have the right to review and approve the execution, renewal, modification, settling or termination (each such action is called a “Leasing Action”) relating to the space currently occupied by the “Key Leases”. The Key Leases are X Ray X-Press Corp, The Methodist Hospital and American Medical Response. Any Leasing Action not related to the Key Leases will not require Lender written consent if the following conditions are met: Term of Lease: Maximum term of ten (10) years, including the base lease term and all extension options. Maximum Rental Space: 50,000 square feet of space (which equals 5% of the total SF). Minimum Rent: $4.00 per net rentable square foot (taking into account free rent or other concessions and tenant improvements which exceed market or building standards, etc.). Expense Provisions: NNN Form of lease: All leases shall be made to established tenants on the approved “standard” form of lease with no material deletions or alterations therefrom. To facilitate Assignee’s lease review, all deletions or alterations to the “standard” form of lease submitted by Assignor to Assignee for approval must be black-lined or highlighted. Other Obligations: Landlord shall not agree to any rental space take-over or take-back obligation with respect to the center or any other premises leased by such tenant. No lease shall contain a tenant option to lease additional space which would cause occupied square footage to exceed the limits of item 3 above or to purchase the premises or acquire any Interest in the Property. No lease shall contain any representations, warranties or indemnifications by the Landlord with respect to hazardous substances or 11187841_2.doc asbestos. No lease shall permit prepayment of rent more than one month in advance. Leases must be arms-length transactions to parties not affiliated with Borrower.