Common use of New Leases; Lease Modifications Clause in Contracts

New Leases; Lease Modifications. After the Effective Date and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 below; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period except pursuant to the exercise by a Tenant of a renewal, extension or other right contained in such Tenant’s Lease; consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease; or remove a Tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the Tenant under the subject Pre-Effective Lease or New Lease.

New Leases; Lease Modifications. After the Effective Date From and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be not, without Buyer’s prior written consent in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect each instance, which consent shall, prior to terminate this Agreement on or before the expiration of the Due Diligence Period, not be unreasonably withheld and shall be given or denied in good faith, with the reasons for such denial specified in reasonable detail, within five (5) business days after the end receipt by Buyer of the Due Diligence Period Seller shall not information referred to in the next sentence, enter into a any New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Lease); consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease; or remove a Tenant any tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes in good faith is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) business days after receipt of all of the aforementioned information, except Buyer shall be deemed to have approved the proposed action. Notwithstanding the foregoing, prior to the end of the Due Diligence Period, Buyer’s consent shall not be required with respect to construction plans to be approved by reason Seller under any Lease, provided that Seller shall provide copies of any such plans to Buyer within three (3) business days after receipt thereof. If any Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld) then, if such circumstances exist, Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer’s rejection. If Buyer rejects the proposed action, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected the proposed action but Seller nonetheless proceeds to effect it, Buyer shall have the right, within five (5) business days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a default written notice of termination, in which case the Tenant Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any section herein which expressly provides that it shall survive the subject Pre-Effective Lease or termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 8.1. Seller shall deliver to Buyer a true and complete copy of each such New Lease, renewal or extension agreement, modification, or amendment, as the case may be, within two (2) business days after the execution and delivery thereof, but in no event later than two (2) business days prior to Closing.

New Leases; Lease Modifications. After the Effective Date and prior to Commencement Date, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, SellerSeller shall not, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amendprior written consent, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3a) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed transaction which shall contain information (including a copy of the New Lease and/or any Lease amendment) that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed transaction. If Buyer fails to object in writing to any such proposed transaction within three (3) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed transaction if approval of the proposed transaction is requested before the expiration of the Due Diligence Period and Buyer shall be deemed to have disapproved the proposed transaction if approval of the proposed transaction is requested after the expiration of the Due Diligence Period. Buyer’s consent shall not be unreasonably withheld, conditioned or New Lease; delayed with respect to any such transaction that is proposed prior to the expiration of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or remove withhold its consent with respect to any such transaction that is proposed between the expiration of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld, conditioned or delayed), then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed transaction shall include a Tenant description of the reasons for Buyer’s rejection. If Buyer rejects any transaction proposed during the Due Diligence Period, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such transaction, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected any transaction that was proposed during the Due Diligence Period and, thereafter, Seller notifies Buyer that Seller intends to effect such proposed transaction, Buyer shall have the right, within three (3) business days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any Pre-Effective Date Lease or section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 14.1. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to Commencement Date, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide not, without either (A) prior written notice to Buyer, provided such written notice is received by Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or Business Days before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not or (B) thereafter, Buyer’s prior written consent, (a) enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed transaction which shall contain information that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed transaction. If Buyer fails to object in writing to any such proposed transaction within three (3) Business Days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed transaction. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such transaction that is proposed between the expiration of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord’s consent be given under the applicable circumstances, then Buyer shall be deemed ipso facto to have approved such action; and if any Lease requires that the landlord’s consent be subject to standards of discretion (such as that such consent not be unreasonably withheld), then Buyer shall be obligated to consider Buyer’s consent under the same standard of discretion. Any notice from Buyer rejecting a proposed transaction shall include a description of the reasons for Buyer’s rejection. The foregoing notwithstanding, in the event Buyer has rejected any transaction that was proposed and, thereafter, Seller notifies Buyer that Seller intends to effect such proposed transaction, Buyer shall have the right, within three (3) Business Days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 14.1. Notwithstanding anything to the contrary contained in this Agreement, Seller shall have the right to enter into the following New Leases at any time prior to Closing without the prior written consent of Buyer: any New Lease leased to a tenant as a self storage facility for a term not to exceed one (1) year and at a monthly rental not less than the average monthly rental rate that was in effect for the lease of such self storage facility prior to the execution of such New Lease; or remove . Seller shall deliver to Buyer a Tenant under any Pre-Effective Date Lease or true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent not, without Buyer’s prior written consent in each instance, which consent shall not be unreasonably withheld and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be reasonably given or denied in good faith, with the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Periodreasons for such denial specified in reasonable detail, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period Closing Date (except pursuant to the exercise by a Tenant of a renewal, extension an option or other right contained in such Tenant’s Lease); or consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease, unless Seller has no legally effective right to object thereto pursuant to the applicable Lease (provided that Seller shall have the right to consent to a sublease of the premises currently leased under that certain lease dated November 8, 2006 with Indulge Boutique for the retail store at 696 Lexington or an assignment of such lease; provided that Seller reasonably deems satisfactory the terms of such sublease or assignment, such sublease or assignment does not result in a material modification of such lease, and , and the existing tenant is not released from its liability under such Lease); or remove modify or terminate any Lease. Seller shall furnish Buyer with a Tenant under written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any Pre-Effective Date such proposed action within five (5) Business Days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Seller shall provide Buyer with an executed copy of any such New Lease or New LeaseLease modification, whether by summary proceedings amendment, assignment, sublease, or otherwisetermination promptly after the execution and delivery thereof. If any Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld), except by reason of then Buyer shall be deemed to have approved such action. Any notice from Buyer rejecting the proposed action shall include a default description of the Tenant under reasons for Buyer’s rejection. Notwithstanding the subject Pre-Effective Lease provisions of this Section 8.1, Seller shall have the right, without giving notice to or New Leasereceiving the consent of Buyer, to make (and accept cancellations of) Bookings.

New Leases; Lease Modifications. After the Effective Date and prior to Commencement Date, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, SellerSeller shall not, in its sole discretion, and without Buyer’s prior written consent shall have in each instance, which consent must be given or denied, with the right reasons for such denial specified in reasonable detail, within five (5) business days after receipt by Buyer of the information referred to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amendedsentence, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3a) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any the Pre-Effective Commencement Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed transaction which shall contain information that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action, including, but not limited to, an estimate of any Reimbursable Lease Expenses and copy of any term sheet, letter of intent or New Lease; proposed lease form. If Buyer fails to object in writing to any such proposed action within five (5) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Buyer’s consent shall not be unreasonably withheld, conditioned or remove a Tenant under delayed with respect to any such action that is proposed prior to the expiration of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such action that is proposed between the expiration of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Pre-Effective Commencement Date Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld, conditioned or delayed), then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer’s rejection. If Buyer rejects any action proposed during the Due Diligence Period, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected any action that was proposed during the Due Diligence Period and, thereafter, Seller notifies Buyer that Seller intends to effect such proposed action, Buyer shall have the right, within five (5) business days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer, Seller pay to Buyer the amount of Buyer’s Due Diligence Costs within ten (10) days of Seller’s receipt from Buyer of an itemized statement for same, and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 14.1 (but not pursuant to the other provisions of this Agreement). Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to LOI Date, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, SellerSeller shall not, in its sole discretion, and without Buyer’s prior written consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three either (3a) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Leaselease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) Business Days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such transaction that is proposed between the end of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord’s consent be given under the applicable circumstances, then Buyer shall be deemed ipso facto to have approved such action; and if any Lease requires that the landlord’s consent be subject to standards of discretion (such as that such consent not be unreasonably withheld), then Buyer shall be obligated to consider Buyer’s consent under the same standard of discretion. Any notice from Buyer rejecting a proposed action shall include a description of the reasons for Buyer’s rejection. If Buyer rejects the proposed action, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected the proposed action but Seller nonetheless proceeds to effect it, Buyer shall have the right, within three (3) Business Days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or New Lease; or remove a Tenant obligations hereunder other than any arising under any Pre-Effective Date Lease or section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 14.1. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior 8.1.1 Except as set forth in Section 8.1.2 with respect to the end of the Due Diligence Periodbuilding commonly known as Building No. 9, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent not, without Buyer’s prior written consent in each instance, which consent shall not be unreasonably withheld and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be given or denied in good faith, with the reasons for such denial specified in reasonable detail, within three (3) business days after receipt by Buyer of the information referred to in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Periodnext sentence, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to after the end of the Due Diligence Period Effective Date (except pursuant to the exercise by a Tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Leaselease); consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease; or remove a Tenant any tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the Tenant tenant under the subject Pre-Effective Lease or New Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within three (3) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. If any Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer’s rejection.

New Leases; Lease Modifications. After the Effective Date and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, Seller shall not, without Buyer’s prior written consent in each instance, which consent shall not be unreasonably withheld and shall be given or denied in good faith, with the reasons for such denial specified in reasonable detail, within five (5) Business Days after the end receipt by Buyer of the Due Diligence Period Seller shall not information referred to in the next sentence, enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Leaselease); consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease; or remove a Tenant any tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the Tenant tenant under the subject Pre-Effective Lease or New Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) Business Days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. If any Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer’s rejection. If Buyer rejects the proposed action, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected the proposed action but the Seller nonetheless proceeds to effect it, Buyer shall have the right, within five (5) Business Days after receipt of such Seller’s notice that the Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller and Escrow Agent of a written notice of termination, in which case the Deposit, including any interest earned thereon, shall be paid to Buyer and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 8.1. Seller shall deliver to Buyer a true and complete copy of each such New Lease, renewal or extension agreement, modification, or amendment, as the case may be, promptly after the execution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to date hereof, except as may be permitted by the end terms of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date14.1, Seller shall provide Buyer with its then-current rent and concession schedule not, without Buyer's prior written consent, (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not a) enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease (except any modifications or any New Lease amendments entered into prior to the end of the Due Diligence Period except pursuant to reflect the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Leasetenant's lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If, prior to the expiration of the Due Diligence Period, Buyer fails to object in writing to any such proposed action within three (3) business days after delivery of the aforementioned information, Buyer shall be deemed to have approved the proposed action. If, following the expiration of the Due Diligence Period, Buyer fails to object in writing to any such proposed action within three (3) business days after delivery of the aforementioned information, Buyer shall be deemed to have not approved the proposed action. Buyer's consent shall not be unreasonably withheld or delayed with respect to any such transaction that is proposed prior to the end of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such transaction that is proposed between the end of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord's consent be given under the applicable circumstances, then Buyer shall be deemed ipso facto to have approved such action. Further, if any Lease requires that landlord's consent shall not be unreasonably withheld, then Buyer's consent shall not be unreasonably withheld. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer's rejection. If Buyer rejects the proposed action, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected the proposed action but Seller nonetheless proceeds to effect it, Buyer shall have the right, within three (3) business days after receipt of Seller's notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or New Lease; or remove a Tenant obligations hereunder other than any arising under any Pre-Effective Date Lease or section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 14.1. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date date of this Agreement, Seller shall not, without either (A) prior written notice to Buyer (which prior written notice shall outline the general terms and prior to the end conditions of the Due Diligence Periodany new lease or any lease modification, Selleramendment, in its sole discretionassignment or sublease, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed be accompanied by a copy of any such New Lease new lease or such lease modification, amendment, modification assignment or extension promptly after the execution and delivery thereofsublease), but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease provided such written notice is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended received by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement Buyer on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or Business Days before the expiration of the Due Diligence Period, or (B) after three (3) Business Days before the end expiration of the Due Diligence Period Seller shall not Period, Buyer’s prior written consent, which approval may be withheld in Buyer’s sole and absolute discretion, (a) enter into a New Lease; or (b) consent to any modification, amendment, assignment or sublease in connection with any Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 below; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Lease; consent to any Lease that is not discretionary). Seller shall furnish Buyer with a written notice of the proposed New Lease or renewal or extension agreement, modification, amendment, assignment or sublease which shall contain information that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed transaction together with copies of such proposed New Leases and renewal or extension agreement, modification, amendment, assignment or sublease. If Buyer fails to object in connection writing to any such proposed transaction within three (3) Business Days after receipt of written request for approval and the aforementioned information, Buyer shall be deemed to have disapproved the proposed transaction. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any Pre-Effective Date such transaction that is proposed between the expiration of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease or New Lease; or remove requires that the landlord’s consent be given under the applicable circumstances, then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed transaction shall include a Tenant under any Pre-Effective Date Lease or description of the reasons for Buyer’s rejection. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to Commencement Date, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, SellerSeller shall not, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amendprior written consent, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3a) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the proper and timely exercise by a Tenant tenant of a renewal, extension or expansion option or other right expressly contained in such Tenanttenant’s Lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease (except pursuant to the proper and timely exercise by a tenant of an assignment or sublease right expressly contained in such tenant’s Lease). Seller shall furnish Buyer with a written notice of the proposed transaction which shall contain information that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed transaction. If Buyer fails to object in writing to any such proposed transaction within three (3) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed transaction. Buyer’s consent shall not be unreasonably withheld, conditioned or delayed with respect to any such transaction that is proposed prior to the expiration of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such transaction that is proposed between the expiration of the Due Diligence Period and the Closing. Notwithstanding the foregoing, so long as a proposed New Lease is on Seller’s form of lease without material modification and complies with the ARGUS runs presented to Buyer in conjunction with the Confidential Investment Memorandum provided to Buyer, Buyer shall not withhold its consent to such New Lease; or remove . Seller shall deliver to Buyer a Tenant under any Pre-Effective Date Lease or true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date From and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date through and including the Closing, Seller shall not, without Buyer's prior to written consent in each instance, which consent shall not be unreasonably withheld, delayed or conditioned (and in the end case of any denial accompanied by the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period reasons for such denial specified in accordance with Section 3.8. No later than reasonable detail within three (3) business days after receipt by Buyer of the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be information referred to in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not next sentence) enter into a New Lease unless such New Lease is on Seller’s standard residential lease form Lease; materially and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 below; adversely modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to after the end of the Due Diligence Period Effective Date (except pursuant to the exercise by a Tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Lease's lease); consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease, unless Seller has no legally effective right to object thereto pursuant to the applicable Lease; or remove a any Tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action, except including without limitation, containing details of all Reimbursable Lease Expenses in connection with such proposed action. If Buyer fails to object in writing to any such proposed action within three (3) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action, provided that Seller shall discuss and obtain Buyer's input with respect to any consent or approval by reason Seller which is not to be unreasonably withheld. Notwithstanding anything to the contrary in this Section 8.1, Seller shall have the right without Buyer's prior consent: (i) to enter into any New Lease containing no more than 5,000 square feet of gross leasable area, so long as the New Leases are entered into in the ordinary course of business operations of the Property, do not exceed in the aggregate 15,000 square feet of gross leasable area and Seller provides a true, complete and correct copy of each new Lease to Buyer promptly following its execution and (ii) to take action to terminate any existing Lease containing no more than 5,000 square feet of gross leasable area as a result of a monetary default of by the Tenant thereunder (provided Seller promptly notifies Buyer of any such proceedings). In addition, Seller shall not accept a letter of credit as a security deposit under any New Leases unless the subject Pre-Effective Lease bank or New Leaseother financial institution issuing the letter of credit is reasonably acceptable to Buyer and the letter of credit is fully assignable to Buyer at Closing.

New Leases; Lease Modifications. After the Effective Date and prior to Commencement Date, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, SellerSeller shall not, in its sole discretion, and without Buyer’s prior written consent shall have in each instance, which consent must be given or denied, with the right reasons for such denial specified in reasonable detail, within five (5) business days after receipt by Buyer of the information referred to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amendedsentence, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3a) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Commencement Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed transaction which shall contain information that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Buyer’s consent shall not be unreasonably withheld, conditioned or delayed with respect to any such action that is proposed prior to the expiration of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such action that is proposed between the expiration of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord’s consent be given under the applicable circumstances (or New Lease; not be unreasonably withheld, conditioned or remove delayed), then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a Tenant description of the reasons for Buyer’s rejection. If Buyer rejects any action proposed during the Due Diligence Period, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected any action that was proposed during the Due Diligence Period and, thereafter, Seller notifies Buyer that Seller intends to effect such proposed action, Buyer shall have the right, within five (5) business days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any Pre-Effective Date Lease or section herein which expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 14.1. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule not, without Buyer’s prior written consent, (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not a) enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Leaselease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. Buyer’s consent to any matter described in this Section 14.1 may be withheld in Buyer’s sole discretion, and will be given or denied within five (5) Business Days after receipt of the relevant information reasonably requested by Buyer. If Buyer fails to respond, Buyer shall be deemed to have approved the same. Notwithstanding the foregoing, if any Lease or New Lease; or remove requires that the landlord’s consent be subject to specific standards of discretion, then Buyer shall be obligated to consider Buyer’s consent under the same standard of discretion. Any notice from Buyer rejecting a Tenant under any Pre-Effective Date Lease or proposed action shall include a description of the reasons for Buyer’s rejection. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, except as may be permitted by the terms of this Section 14.1, Seller shall provide Buyer with its then-current rent and concession schedule not, without Buyer's prior written consent, (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not a) enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Leasetenant's lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) Business Days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Buyer's consent shall not be unreasonably withheld or delayed with respect to any such transaction that is proposed prior to the end of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such transaction that is proposed between the end of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord's consent be given under the applicable circumstances (or New Lease; or remove not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Seller shall deliver to Buyer a Tenant under any Pre-Effective Date Lease or true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason modification, or amendment, as the case may be, promptly after the execution and delivery thereof. Notwithstanding anything contained in this Agreement to the contrary, during the term of a default of this Agreement, Seller will not market or lease the Tenant under following premises at the subject Pre-Effective Lease Property: Building 43 - 28,579 SF, now or New Lease.formerly leased to Isobar North America, Inc. Building 60 - 13,000 SF Building 118 1,345 SF, now or formerly leased to Netwatch (USA), LLC Building 131- 5,339 SF, 2nd floor Building 312 - 2,858 SF Building 313 - 18,099 SF, 0xx xxxxx Xxxxxxxx 000 - 00,000 XX, 0xx floor

New Leases; Lease Modifications. After the Effective Date From and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be not, without Buyer’s prior written consent in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect each instance, which consent shall, prior to terminate this Agreement on or before the expiration of the Due Diligence Period; not be unreasonably withheld and shall be given or denied in good faith, with the reasons for such denial specified in reasonable detail, within five (5) business days after the end receipt by Buyer of the Due Diligence Period Seller shall not information referred to in the next sentence, enter into a any New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Lease); consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease; or remove a Tenant any tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise, except Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes in good faith is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) business days after receipt of all of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Notwithstanding the foregoing, prior to the end of the Due Diligence Period, Buyer’s consent shall not be required with respect to construction plans to be approved by reason Seller under any Lease, provided that Seller shall provide copies of any such plans to Buyer within three (3) business days after receipt thereof. If any Lease requires that the landlord’s consent be given under the applicable circumstances (or not be unreasonably withheld) then, if such circumstances exist, Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer’s rejection. If Buyer rejects the proposed action, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event Buyer has rejected the proposed action but Seller nonetheless proceeds to effect it, Buyer, shall have the right, within five (5) business days after receipt of Seller’s notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a default written notice of termination, in which case the Tenant Deposit shall be paid to Buyer and, thereafter, the parties shall have no further rights or obligations hereunder other than any arising under any section herein which expressly provides that it shall survive the subject Pre-Effective Lease or termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 8.1. Seller shall, deliver to Buyer a true and complete copy of each such New Lease, renewal or extension agreement, modification, or amendment, as the case may be, within two (2) business days after the execution and delivery thereof, but in no event later than two (2) business days prior to Closing.

New Leases; Lease Modifications. After the Effective Date and prior to the end of the Due Diligence Period, Seller, in its sole discretion, and without Buyer’s 's consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. ; provided, however, that Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, thereof but in no event later than the next to last day of the Due Diligence Period. Buyer’s 's sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.83.6. No later than three (3) days after After the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration end of the Due Diligence Period, Seller shall not, without Buyer's prior written consent in each instance, which consent shall not be unreasonably withheld and shall be given or denied in good faith, with the reasons for such denial specified in reasonable detail within three (3) business days after the end receipt by Buyer of the Due Diligence Period Seller shall not information referred to in the next sentence, enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; modify modify, terminate, accept a surrender of, or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant of a renewal, extension or expansion option or other right contained in such Tenant’s Lease's lease); consent to any assignment or sublease in connection with any Pre-Effective Date Lease or New Lease; or remove a Tenant any tenant under any Pre-Effective Date Lease or New Lease, whether by summary proceedings or otherwise, except by reason of a default of the Tenant tenant under the subject Pre-Effective Lease or New Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within three (3) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. If any Lease requires that the landlords's consent be given under the applicable circumstances (or not be unreasonably withheld), then Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of reasons for Buyer's rejection.

New Leases; Lease Modifications. After the Effective Date and prior to date of this Agreement, except as may be permitted by the end terms of the Due Diligence Periodthis Section 14.1, SellerSeller shall not, in its sole discretion, and without Buyer’s prior written consent shall have permit the right to enter into any New Lease or amendCompany to, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period in accordance with Section 3.8. No later than three (3a) days after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenanttenant’s Leaselease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. Seller shall furnish Buyer with a written notice of the proposed action which shall contain information regarding the proposed action that is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) Business Days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. Buyer’s consent shall not be unreasonably withheld or delayed with respect to any such transaction that is proposed prior to the end of the Due Diligence Period. Buyer, in its sole and absolute discretion, shall be entitled to grant or withhold its consent with respect to any such transaction that is proposed between the end of the Due Diligence Period and the Closing. Notwithstanding the foregoing, if any Lease requires that the landlord’s consent be given under the applicable circumstances, then Buyer shall be deemed ipso facto to have approved such action; and if any Lease requires that the landlord’s consent not be unreasonably withheld under the applicable circumstances or New Lease; is otherwise subject to certain limits or remove conditions, then Buyer shall be deemed to be subject to the same limits and conditions in connection with Buyer’s consent. Any notice from Buyer rejecting the proposed action shall include a Tenant under any Pre-Effective Date Lease or description of the reasons for Buyer’s rejection. Seller shall deliver to Buyer a true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification, or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.

New Leases; Lease Modifications. After the Effective Date and prior (a) Subject to the end terms of the Due Diligence Periodthis Section 10.2.5, Seller, in its sole discretion, and without Buyer’s consent shall have the right to enter into any New Lease or amend, modify and/or extend any New Lease or any Pre-Effective Date Lease it deems advisable. Seller shall provide Buyer with notice thereof and an executed copy of any such New Lease or amendment, modification or extension promptly after continue to lease the execution and delivery thereof, but in no event later than the next to last day of the Due Diligence Period. Buyer’s sole remedy in the event any New Lease is executed or if any New Lease or Pre-Effective Date Lease is amended, modified or extended by Seller after the Effective Date and prior to the end of the Due Diligence Period shall be to terminate this Agreement on or before the end of the Due Diligence Period Property in accordance with Section 3.8Seller's past practices with respect to the Property. No later than three (3) days From and after the Effective Date, Seller shall provide Buyer with its then-current rent and concession schedule (the “Lease Guidelines”). The Lease Guidelines shall be in the form of Exhibit I attached hereto and incorporated herein. Provided that Buyer does not elect to terminate this Agreement on or before the expiration of the Due Diligence Period, after the end of the Due Diligence Period Seller shall not, without Buyer's prior written consent (which shall not be unreasonably withheld, conditioned or delayed), (a) enter into a New Lease unless such New Lease is on Seller’s standard residential lease form and in compliance with the Lease Guidelines unless Seller has obtained Buyer consent in accordance with Section 8.4 belowLease; (b) modify or amend any Pre-Effective Date Lease or any New Lease entered into prior to the end of the Due Diligence Period (except pursuant to the exercise by a Tenant tenant of a renewal, extension or expansion option or other right contained in such Tenant’s tenant's Lease); or (c) consent to any assignment or sublease in connection with any Pre-Effective Date Lease. (Prior to the expiration of the Due Diligence Period, Seller shall consult in good faith with Buyer on any proposed transaction as mentioned in subclauses (a), (b) or (c) immediately preceding). Seller shall furnish Buyer with a written notice of the proposed action, which shall contain information regarding the proposed action that Seller believes is reasonably necessary to enable Buyer to make informed decisions with respect to the advisability of the proposed action. If Buyer fails to object in writing to any such proposed action within five (5) business days after receipt of the aforementioned information, Buyer shall be deemed to have approved the proposed action. If any Lease requires that the landlord's consent be given under the applicable circumstances (or New Lease; not be unreasonably withheld), then if Seller certifies in good faith that it is required to give consent, Buyer shall be deemed ipso facto to have approved such action. Any notice from Buyer rejecting the proposed action shall include a description of the reasons for Buyer's rejecting the proposed action shall include a description of the reasons for Buyer's rejection. If Buyer rejects the proposed action, Seller nevertheless retains full right, power and authority to execute such documents as are necessary to effect such action, and Seller shall promptly advise Buyer of the same. The foregoing notwithstanding, in the event that Buyer has rejected the proposed action but Seller nonetheless proceeds to carry out such action, Buyer shall have the right, within five (5) business days after receipt of Seller's notice that Seller has taken such action, to elect to terminate this Agreement by the delivery to Seller of a written notice of termination, in which case the Deposit shall be paid to Buyer, Seller shall reimburse Buyer for its Termination Expenses and thereafter, the parties shall have no further rights or remove obligations hereunder other than any arising under this sentence and any section of this Agreement that expressly provides that it shall survive the termination of this Agreement. If Buyer fails to notify Seller within such time period, Buyer shall be deemed to have fully waived any rights to terminate this Agreement pursuant to this Section 10.2.5 with respect to such action. Seller shall deliver to Buyer a Tenant under any Pre-Effective Date Lease or true and complete copy of each such New Lease, whether by summary proceedings renewal or otherwiseextension agreement, except by reason of a default of modification or amendment, as the Tenant under case may be, promptly after the subject Pre-Effective Lease or New Leaseexecution and delivery thereof.