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<br /> , off-site parking to satisfy the deficiency (if permitted under the applicable Governmental
<br /> Requirements) and to offset the reasonable costs of same from the Base Rent and other charges
<br /> , otherwise due and payable hereunder.
<br /> "Permitted Encumbrances" shall mean the title exceptions that are approved (or
<br /> deemed approved) by Tenant pursuant to Section 2.3, a preliminary list of which is set forth on
<br /> Exhibit H hereto. Tenant hereby approves the title exceptions set forth in Exhibit H, which may
<br /> not be objected to by Tenant pursuant to Section 2.3.
<br /> "Plans Start Date" shall have the meaning given such term in the Work Letter.
<br /> "Premises" shall have the meaning given such term in Section 1.1.
<br />., "Protected Area" shall mean all Common Areas within the Center and all sidewalks,
<br />" hardscape, lighting and landscaping within Block One.
<br /> "Real Estate Taxes" shall mean the following (subject to the terms and limitations
<br /> specified in Article 6): all real estate taxes assessed against the land and buildings comprising
<br /> the Tax Parcel (defined below) and all . other governmental levies of every kind or nature
<br />I whatsoever, general or special, extraordinary as well as ordinary, which shall be charged, levied,
<br /> assessed or imposed by any lawful taxing authority against the land, buildings and all other
<br /> improvements constituting the Tax Parcel and which are customarily considered part of real
<br /> estate taxes. In addition, but subject to Tenant's approval pursuant to Section 6.7, "Real Estate
<br /> Taxes" shall also include taxes and assessments levied against the Center by a special assessment
<br /> district, special service district or other Governmental Authority for or in connection with the
<br /> development financing, construction and/or maintenance of the Parking Facility. However, in no
<br /> event shall betterments or special assessments levied or assessed in connection with the
<br /> development, financing, construction or maintenance of the Center or any part thereof; or the
<br /> cost of utility meters or "tap," "hook-up," "connection" or other fees, however designated, for
<br /> connection of such utilities, or any taxes, levies, charges or fees payable by virtue of the
<br /> particular use being made by a tenant of space in the Center, or that is otherwise separately
<br /> allocable to a tenant, be included in the definition of Real Estate Taxes. Landlord shall make
<br /> payment of Real Estate Taxes over the longest period of time permitted by law, and only the
<br /> installment required to be paid for a Tax Year may be included in Real Estate Taxes for such Tax
<br /> Year. Real Estate Taxes shall include interest on all installment payments (but not interest or
<br /> late fees assessed on delinquent payments or installments). In no event shall Real Estate Taxes
<br /> include any of the following: income, franchise, corporate, personal property, excess profits,
<br /> transfer, revenue, estate, inheritance, gift, devolution, succession or excise taxes of Landlord or
<br /> impact fees, brokerage fees, parking fees or development fees or any other tax, assessment or
<br /> charge upon or measured, in whole or in part, by the rent payable hereunder or' any costs or
<br /> expenses of reviewing bills or assessments or obtaining a tax reduction or abatement.
<br /> "Redevelopment Agreement" shall mean that certain Disposition and Development
<br /> Agreement dated January 29, 2001 by and among Landlord and the City, as amended through the
<br /> Effective Date hereof. The Redevelopment Agreement shall not be amended or modified in any
<br /> .'
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<br /> CHG02:3091375.v8
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