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93103418 <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 ~: 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 Mortaaae: 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 Mortaaaee: The holder of the beneficial interest <br />under a Mortgage. <br />1.11 partv: A signatory to this Agreement, or a <br />successor or assign of a signatory to this Agreement. <br />1.12 proiect:As defined in Recital C. <br />1.l3 ProDertv: <br />and described in Exhibit <br />develop the Project. <br />The real property outlined in Exhibit A <br />B hereto on which Developer intends to <br />1.14 ShoDDina Center: As defined in Recital B. <br />1.15 Traffic Mitiaation ImDrovements: 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 or <br />4-