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_ • 93103418 <br /> • <br /> :- . <br /> partially enclosed structures or on roofs, whether <br /> above, below or at grade, and whether contained in <br /> single or multi-level structures; <br /> (iii) any outside areas (including those <br /> covered by canopy, awning or other protective <br /> cover and which sides are generally unwalled) <br /> which is permitted to be and is used for the <br /> storage and/or display of merchandise to be sold <br /> at retail or exterior restaurant seating or <br /> similar purposes; and <br /> (iv) emergency fire and service corridors and <br /> all common areas located within building <br /> improvements, including, without limitation, all <br /> malls, restrooms, pedestrian walkways, stairways, <br /> escalators and elevators, and all other similar <br /> areas not located within any store. <br /> 1.8 Laws: The laws and Constitution of the State of <br /> California, the laws and Constitution of the United States and <br /> any codes, statutes or executive mandates in any court decision, <br /> state or federal, thereunder. <br /> 1.9 $ortgaae: A mortgage, deed of trust, sale and <br /> leaseback arrangement in which the Property or a portion thereof <br /> or an interest therein is sold by Developer and leased back <br /> concurrently therewith (which arrangement is subject to no prior <br /> contractual encumbrances securing payment of money) , or other <br /> transaction in which the Property, or a portion thereof or an <br /> interest therein, is pledged as security, contracted in good <br /> faith and for fair value. <br /> 1.10 Mortgagee: The holder of the beneficial interest <br /> under a Mortgage. <br /> 1.11 party: A signatory to this Agreement, or a <br /> successor or assign of a signatory to this Agreement. <br /> 1.12 Project: As defined in Recital C. <br /> 1.13 Property: The real property outlined in Axhibit A <br /> and described in Exhibit 8 hereto on which Developer intends to <br /> develop the Project. <br /> 1.14 Shopping Center: As defined in Recital B. <br /> 1. 15 Traffic Mitigation Improvements: As defined in <br /> Section 3.2. <br /> 2. Effective Date: Term. <br /> 2.1 Effective Date. This Agreement shall be dated and <br /> the obligations of the parties hereunder shall be effective as of <br /> -4- <br />