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<br /> 1.3 Fame Muicure means war. strikes, tints, acts of Clod, casualties, government restrictions or
<br /> priority, unusually severe weather, inubility to secure necessary labor. materials or tools, acts of another Party
<br /> and any other cuuse beyond the reasonable control of the Person awning Shut such Person's performance had
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<br /> been deluycd or prevented; provided that failure to lease or sell or to obtain a satisfactory mortgage cmtunitmcnt i;
<br /> or equity or operating funds is not un event of Force Majeure. t•''
<br /> E( 1.4 Impositions means all taxes,.assessments, water, sewer or similar rents,rates and charges, excises,
<br /> I levies, license fees. permit fees, inspection fees and Other authorization fees and other charges (including all • .
<br /> 1 interest rind penalties thereon), which at any time may be assessed or imposed on or be alien upon the Property -
<br /> or any pact hereof. Impositions shall not, however, include any income, inheritance, franchise or'simitar tux. -
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<br /> 1,5 Improvements means all buildings. structures, landscaping and other impnwerncnts built or installed :
<br /> from time to time on the Property. .
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<br /> I 1.6 Initial improvements means all Improvements constnrcted on the Property pursuant to plans and "5
<br /> specifications dated April. 15, 1996 (as revised from time to time), and prepared by Berger Renner Architects,
<br /> Inc., and to be evidenced by the issuance of a certificate of occupancy. • : •
<br /> 1.7 Interest Rate means the lesser of 0) two percent (2%) over the "reference" rate announced from . -
<br /> time to time by Wells Fargo Bank, or (ii) the maximum rota permitted to be charged under California law with W? - '
<br /> 1 respect to such obligation. P,
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<br /> LB Laws means all applicable laws. statutes, ordinances, regulations. rules, orders and requirements of 'I
<br /> all governmental and quusi-governments( authorities. . . . to
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<br /> ' 1.9 Mortgage,means any mortgage, deed of trust. or other conveyance held by a Mortgagee as security " .
<br /> 1 for the repayment of indebtedness, of all or any portion of the interest. whether fee nr leasehold, of a Party in ,
<br /> ! one or more Parcels, or of any ownership interest in such Party or any Person which controls "such Party.
<br /> • together with all other instruments securing the payment of the indebtedness secured by such mortgage, ...
<br /> indenture. deed ofrtrust or other instruments, and all amendments, modifications. supplements and extensions of .
<br /> such instruments. . '`
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<br /> 1.10 Mortgagee means the.hotder of a Mortgage (including, without limitation, the beneficiary of a
<br /> deed•of trust). provided the holder of such Mortgage has notified the Parties of its status as such.
<br /> I.1I Occupant means each tenant. Owner and Person entitled by lease or sublease to use and occupy ;.
<br /> any floor area within the Property, or one or mare of them, as the context may require.
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<br /> I 1.12 Owner shall refer to the Persons) owning the fee title to any Parcel.
<br /> - 1.13 Parcel shall mean and include the Residential Parcel and Commercial Parcel. Any grant deed of .
<br /> . a Parcel shall provide that the Parcel is subject to and is bound by this,REA. . ' .
<br /> 1.14 Party meant the Owner of any Parcel, or any successor Persnn(s) thereto acquiring;any portion of •
<br /> such Party's interest in such Parcel or Parcels.-"Parties" means all of the foregoing. •'.
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<br /> • 1.15 Permiticec eans all Occupants and their respective officers, directors. employees, agents. ' : i•
<br /> . partners, contractors. customers, visitors, invitee, licensees and concessionaires. - -`•
<br /> 1.16 Person or Persons means individuals. partnerships. associations, corpoiutions and-any.other form •
<br /> of business organization. or one or,nwre of them. as the context may require. .'
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<br /> 1.17 Residential Owner means Macs Court Associates. a Califumia•Limiied Partnership mid its •
<br /> successors and assigns. the Owner of the Residential Parcel. . • •3
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