SECTION # PARTICIPATION AND DEFERRAL ELECTIONS 6

STA 4 site development to include private streets and walkways to enter the Building from the public right of way exterior plazas with landscaped and hardscaped areas, biofiltration storm drain areas, irrigation, and lighting.

This [Section 5.1(b)] applies if, in addition to this plan, the participant is covered under another qualified defined contribution plan maintained by the employer, a welfare benefit fund maintained by the employer, an individual medical account maintained by the employer, or a simplified employee pension maintained by the employer, that provides an annual addition as defined in [Section 5.1(c)(1)], during any limitation year. The annual additions that may be credited to a participant's account under this plan for any such limitation year will not exceed the maximum permissible amount reduced by the annual additions credited to a participant's account under the other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions for the same limitation year. If the annual additions with respect to the participant under other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions maintained by the employer are less than the maximum permissible amount and the employer contribution that would otherwise be contributed or allocated to the participant's account under this plan would cause the annual additions for the limitation year to exceed this limitation, the amount contributed or allocated will be reduced so that the annual additions under all such plans and funds for the limitation year will equal the maximum permissible amount. If the annual additions with respect to the participant under such other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions in the aggregate are equal to or greater than the maximum permissible amount, no amount will be contributed or allocated to the participant's account under this plan for the limitation year.

“Schedule Amendment”: each Schedule Amendment, substantially in the form of [Exhibit B], executed and delivered pursuant to [subsection 15.1].

""Amendment No. 5 Effective Date" has the meaning set forth in Amendment No. 5."'

“Amendment No. 5” means Amendment No. 5 to this Agreement, dated as of April 12, 2021.

Any Bank claiming any additional amounts payable pursuant to [subsection 2.13, 2.14 or 2.15]5]5] or exercising its rights under [subsection 2.12], shall, in accordance with the respective provisions thereof, provide notice to ​ and the Agent. Such notice to ​ and the Agent shall include details reasonably sufficient to establish the basis for such additional amounts payable or the rights to be exercised by the Bank.

“Permitted Transferee” shall mean any Person designated as a Permitted Transferee in accordance with the provisions of [subsection G(5)] of Article XIV.

Amendment. This Agreement may be amended only by a written instrument signed by the parties hereto after approval by either the Board or the Executive Committee of the Board of Employer.

Amendment. This Amendment, duly executed and delivered by Borrower, Administrative Agent, Swing Line Lender, each L/C Issuer and each Lender; and