Common use of REIT Qualifications Clause in Contracts

REIT Qualifications. Landlord and Tenant agree that all Rent paid to Landlord under this Lease shall qualify as “rents from real property” as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time. Should the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that any rent no longer qualifies as “rents from real property” for the purposes of the Internal Revenue Code or the Treasury Regulation, the Rent payable to Landlord shall be adjusted so that such Rent will qualify as “rents from real property” under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required pursuant to the provisions of this Section 27.27 shall not increase the monetary obligations of Tenant. If any adjustment of Rent under this Section 27.27, or if Landlord in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will be jeopardized because of any provision of this Lease, Tenant shall, without charge therefor and within ten (10) days after Landlord’s written request therefor, execute and deliver to Landlord such amendments to this Lease as may be reasonably required by Landlord to avoid such jeopardy; provided such amendments do not increase the monetary obligations of Tenant or in any other manner materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease.

REIT Qualifications. Landlord and Tenant agree that all Rent paid to Landlord under this Lease shall qualify as “rents from real property” as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time. Should the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that any rent no longer qualifies as “rents from real property” for the purposes of the Internal Revenue Code or the Treasury Regulation, the Rent payable to Landlord shall be adjusted so that such Rent will qualify as “rents from real property” under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required pursuant to the provisions of this Section 27.27 shall not increase the monetary obligations of Tenant. If any adjustment of Rent under this Section 27.27Section, or if Landlord in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will be jeopardized because of any provision of this Lease, Tenant shall, without charge therefor and within ten (10) days after LandlordXxxxxxxx’s written request therefor, execute and deliver to Landlord such amendments to this Lease as may be reasonably required by Landlord to avoid such jeopardy. [End of Standard Form; provided such amendments do not increase signature page for the monetary obligations Lease appears immediately following the Data Sheet.] S35 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE EXHIBIT A Exhibit A, page 1 Impossible Kicks /Dolphin Mall/03/21/23 COMMON AREA CHARGE Exhibit A, page 2 Impossible Kicks /Dolphin Mall/03/21/23 COMMON AREA CHARGE EXHIBIT “A-1” LEGAL DESCRIPTION OF RETAIL DEVELOPMENT The West 3/5 of Tenant or Section 31, Township 53 South, Range 40 East, lying and being in Miami-Dade County, Florida, including within this description is Tract “A”, RE-PLAT OF XXXXXXX AGRICULTURAL HOMESTEADS, according to the Plat thereof recorded in Plat Book 66, at Page 49, of the Public Records of Miami-Dade County, Florida; LESS the East 35 feet of the South 1/4 of the West 3/5 of Section 31, Township 53 South, Range 40 East, Miami-Dade County, Florida, and the East 35 feet of the South 35 feet of the North 1/2 of the South 1/2 of the West 3/5 of Section 31, Township 53 South, Range 40 East, Miami-Dade County, Florida; AND LESS the South 80.00 feet of the West 3/5 of Section 31, Township 53 South, Range 40 East, Miami-Dade County, Florida, LESS the East 35.00 feet thereof; AND LESS the area bounded by the North line of the South 80 feet of said Section 31, and bounded by the West line of the East 35.00 feet of the West 3/5 of said Section 31, and bounded by a 25.00 feet radius arc concave to the Northwest, said arc being tangent to both of the last described lines; AND LESS that portion of the West 3/5 feet of Section 31, Township 53 South, Range 40 East, being in Miami-Dade County, Florida, lying within the following described boundaries, to-wit: BEGIN at the Northwest corner of said Section 31, which bears North 89°33’41” East (bearing derived from the Florida State System of Plane Coordinates) 2,642.08 feet from the Northwest corner of the N.E. 1/4 of Section 36, Township 53 South, Range 39 East; thence run North 89°37’28” East (N 89°36’49” E DEED), along the Northerly boundary of said Section 31, for a distance of 75.02 feet to a point; thence run South 01°44’10” East (South 01°44’29” E DEED) for a distance of 398.23 feet to a point; thence run South 88°15’50” West (S 88°15’31” W DEED) for a distance of 75.00 feet to a point of intersection with the Westerly boundary of said Section 31; thence run North 01°44’10” West (N 01°44’29” W DEED), along the Westerly boundary of said Section 31, for a distance of 400.00 feet to the Northwest corner of said Section 31, said point also being the Point of Beginning. AND LESS Road and Canal right-of-way for N.W. 25th Street, as shown on RE-PLAT OF XXXXXXX AGRICULTURAL HOMESTEADS, recorded in Plat Book 66, Page 49, of the Public Records of Miami-Dade County, Florida. AND LESS all of that portion lying North of the North line of the South 285.00 feet of the North 1/2 of the West 3/5 of Section 31, Township 53 South, Range 40 East, Miami-Dade County, Florida. AND LESS AND EXCEPT FROM THE ABOVE-DESCRIBED REAL PROPERTY, THE PARCELS OF LAND CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THAT WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17722, PAGE 4779. AND LESS AND EXCEPT FROM THE ABOVE-DESCRIBED REAL PROPERTY, THE PARCELS OF LAND CONVEYED TO BEACON TRADEPORT COMMUNITY DEVELOPMENT DISTRICT IN THAT WARRANTY DEED (ROADWAY DEDICATIONS) RECORDED IN OFFICIAL RECORDS BOOK 18279, AT PAGE 3427. AND LESS AND EXCEPT FROM THE ABOVE-DESCRIBED REAL PROPERTY, THE PARCEL OF LAND CONVEYED TO BEACON TRADEPORT COMMUNITY DEVELOPMENT DISTRICT IN THAT WARRANTY DEED (CANAL DEDICATION) DATED SEPTEMBER 22, 1998, AND RECORDED IN OFFICIAL RECORDS BOOK 18291, AT PAGE 3206. Said lands situate, lying and being in Miami-Dade County, Florida. Exhibit A-1, page 1 Impossible Kicks /Dolphin Mall/03/21/23 COMMON AREA CHARGE EXHIBIT B CONSTRUCTION This Exhibit B shall be deemed to include Exhibit B-1 and any other manner materially increase Tenant’s obligations or materially decrease Tenant’s rights under additional construction exhibits as may be attached to this Lease.. Such additional exhibits may have the effect of providing further specifications or criteria or may serve to amplify or adjust certain of the provisions contained in this Exhibit B.

REIT Qualifications. Landlord and Tenant agree that all Rent paid to Landlord under this Lease shall qualify as “rents from real property” as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time to time. Should the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that any rent no longer qualifies as “rents from real property” for the purposes purpose of the Internal Revenue Code or the Treasury Regulation, the Rent payable to Landlord shall may be adjusted upon Landlord’s written notice to Tenant so that such Rent will qualify as “rents from real property” under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required any adjustment or modification pursuant to this Paragraph 36 shall be structured so that the provisions of economic results to Landlord and Tenant shall be substantially identical to those set forth in this Section 27.27 shall not increase the monetary obligations of TenantLease without regard to such adjustment or modification. If any adjustment of Rent under this Section 27.27Paragraph 36, or if Landlord in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will may be jeopardized because of any provision of this Lease, Tenant shall, without charge therefor and within ten (10) days Business Days after Landlord’s written request therefor, execute and deliver to Landlord such amendments to this Lease as may be reasonably required by Landlord to avoid such jeopardy; provided such amendments do not increase the monetary obligations of Tenant or in any other manner materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease. Without limiting any of Landlord’s other rights under this Pxxxxxxxx 00, Xxxxxxxx may waive the receipt of any amount payable to Landlord hereunder and such waiver shall constitute an amendment or modification of this Lease with respect to such payment. Tenant expressly covenants and agrees not to enter into any sublease or assignment which provides for rental or other payment for such use, occupancy, or utilization based in whole or in part on the net income or profits derived by any person from the property leased, used, occupied, or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and that any such purported sublease or assignment shall be absolutely void and ineffective as a conveyance of any right or interest in the possession, use, occupancy, or utilization of any part of the Leased Premises.

REIT Qualifications. Landlord and Tenant agree that all Rent paid to Landlord under this Lease shall qualify as “rents from real property” as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time. Should the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that any rent no longer qualifies as “rents from real property” for the purposes of the Internal Revenue Code or the Treasury Regulation, the Rent payable to Landlord shall be adjusted so that such Rent will qualify as “rents from real property” under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required pursuant to the provisions of this Section 27.27 shall not increase the monetary obligations of Tenant. If any adjustment of Rent under this Section 27.27Section, or if Landlord in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will be jeopardized because of any provision of this Lease, Tenant shall, without charge therefor and within ten (10) days after LandlordXxxxxxxx’s written request therefor, execute and deliver to Landlord such amendments to this Lease as may be reasonably required by Landlord to avoid such jeopardy. [End of Standard Form; provided such amendments do not increase signature page for the monetary obligations of Tenant or in Lease appears immediately following the Data Sheet.] Impossible Kicks/Westfarms/03/03/23 S37 COMMON AREA CHARGE EXHIBIT A Exhibit A, Page 1 Impossible Kicks/Westfarms/03/03/23 COMMON AREA CHARGE Impossible Kicks/Westfarms/03/03/23 COMMON AREA CHARGE Impossible Kicks/Westfarms/03/03/23 COMMON AREA CHARGE Exhibit A, Page 4 Impossible Kicks/Westfarms/03/03/23 COMMON AREA CHARGE EXHIBIT B CONSTRUCTION This Exhibit B shall be deemed to include Exhibit B-1 and any other manner materially increase Tenant’s obligations or materially decrease Tenant’s rights under additional construction exhibits as may be attached to this Lease.. Such additional exhibits may have the effect of providing further specifications or criteria or may serve to amplify or adjust certain of the provisions contained in this Exhibit B.

REIT Qualifications. Landlord and Tenant agree that all Rent paid to Landlord under this Lease shall qualify as “rents from real property” as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time. Should the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that any rent no longer qualifies as “rents from real property” for the purposes of the Internal Revenue Code or the Treasury Regulation, the Rent payable to Landlord shall be adjusted so that such Rent will qualify as “rents from real property” under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required pursuant to the provisions of this Section 27.27 24.31 shall not increase the monetary obligations of Tenant. If In the event of any adjustment of Rent under this Section 27.2724.31, or if Landlord in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will be jeopardized because of any provision of this Lease, Tenant shall, without charge therefor and within ten (10) business days after Landlord’s written request therefor, execute and deliver to Landlord such amendments to this Lease as may be reasonably required by Landlord to avoid such jeopardy; provided such amendments do not increase the monetary obligations of Tenant or in any other manner materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease.

REIT Qualifications. Landlord and Tenant agree that all Rent paid to Landlord under this Lease shall qualify as “rents from real property” as defined in Internal Revenue Code Section 856(d) and as further defined in Treasury Regulation Section 1.856-4, as each is amended from time-to-time. Should the requirements of the said Internal Revenue Code Section or Treasury Regulation Section be amended so that any rent Rent no longer qualifies as “rents from real property” for the purposes of the Internal Revenue Code or the Treasury Regulation, the Rent payable to Landlord shall be adjusted so that such Rent will qualify as “rents from real property” under the Internal Revenue Code and Treasury Regulation; provided that such adjustments required pursuant to the provisions of this Section 27.27 shall not increase the monetary obligations of Tenant. If any adjustment of Rent under this Section 27.27, or if Landlord in good faith determines that its status as a real estate investment trust under the provisions of the Internal Revenue Code or the Treasury Regulation will be jeopardized because of any provision of this Lease, Tenant shall, without charge therefor and within ten (10) days after after. Landlord’s written request therefor, execute and deliver to Landlord such amendments to this Lease as may be reasonably required by Landlord to avoid such jeopardy; provided such amendments do not increase the monetary obligations of Tenant or in any other manner materially increase Tenant’s obligations or materially decrease Tenant’s rights under this Lease.”