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0 0 93103416 partially enclosed structures or on roofs, whether above, below or at grade, and whether contained in single or multi-level structures; (iii) any outside areas (including those covered by canopy, awning or other protective cover and which sides are generally unwalled) which is permitted to be and is used for the storage and/or display of merchandise to be sold at retail or exterior restaurant seating or similar purposes; and (iv) emergency fire and service corridors and all common areas located within building improvements, including, without limitation, all malls, restrooms, pedestrian walkways, stairways, escalators and elevators, and all other similar areas not located within any store. 1.8 Daws: The laws and Constitution of the State of California, the laws and Constitution of the United States and any codes, statutes or executive mandates in any court decision, state or federal, thereunder. 1.9 Mortgage: A mortgage, deed of trust, sale and leaseback arrangement in which the Property or a portion thereof or an interest therein is sold by Developer and leased back concurrently therewith (which arrangement is subject to no prior contractual encumbrances securing payment of money), or other transaction in which the Property, or a portion thereof or an interest therein', is pledged as security, contracted in good faith and for fair value. 1.10 Mortgagee: The holder of the beneficial interest under a Mortgage. 1.11 Party: A signatory to this Agreement, or a successor or assign of a signatory to this Agreement. 1.12 Proiegt: As defined in Recital C. 1.13 Prop2gty: The real property outlined in Exhibit A and described in Exhibit B hereto on which Developer intends to develop the Project. 1.14 Shopping, Center: As defined in Recital B. 1.15 Traffic Mitigation ove n s: As defined in Section 3.2. 2. Effective Date; Term. 2.1 Effggtiye Date. This Agreement shall be dated and the obligations of the parties hereunder shall be effective as of -4-