Anticipated Cost Report. The ​ shall submit to the ​ an Anticipated Cost Report in the form set forth in [Exhibit 2.17](w) hereof provided by the General Contractor, which indicates the costs anticipated to complete the construction of the Improvements, after giving effect to costs incurred during the previous month and projected costs.

“Anticipated Cost Report” shall mean each anticipated cost report submitted to ​ in connection with an Additional Advance pursuant to [Section 2.17(w)] hereof.

The time commitment is anticipated to amount to approximately 3 full day Board meetings p.a. and the related preparatory work, with the possibility of additional Board meetings to address significant matters as they arise.

Cost . The cost to design, permit and construct the Tenant Improvements shall be paid by Landlord. Any and all costs, fees or expenses of any kind or nature that are incurred due to changes requested by Tenant shall be the sole responsibility of Tenant.

Board Report. The Arranger shall have been informed of the conclusions of the report of the causes of the restatement of the Borrower’s earnings commissioned by the Borrower’s Board of Directors, and the Arranger shall be satisfied, in its sole discretion, with the conclusions of such report.

Shipped Report. By no later than 5:00 p.m. (New York time) on each Business Day, ​ shall deliver a Shipped Report to ​ and ​. ​ shall monitor each Mortgage Loan on a daily basis in order that all information set forth on the Shipped Report is accurate as of the time such Shipped Report is delivered. Each such Shipped Report shall be delivered by electronic transmission in accordance with [Section 22].

Environmental Report. ​ shall cause to be delivered to ​ an environmental assessment report or reports of one or more qualified environmental engineering or similar inspection firms approved by ​ in form, scope and substance satisfactory to ​, which report or reports shall indicate a condition of the Property in all respects satisfactory to ​ in its sole discretion and upon which report or reports ​ are expressly entitled to rely.

Geotechnical Report. ​ shall cause to be delivered to ​ a geotechnical report of one or more qualified engineers approved by ​ and the Construction Consultant in form, scope and substance satisfactory to ​ and the Construction Consultant, which report shall indicate a condition of the soil at the Property in all respects satisfactory to ​ in its sole discretion and upon which report or reports ​ are expressly entitled to rely.

Net Sales and amounts due hereunder shall be expressed in USD and the Parties shall make all payments in USD, except where otherwise specifically stipulated. Whenever for the purpose of calculating royalties conversion from any foreign currency shall be required, such conversion shall be made as follows: when calculating the Net Sales, the amount of such sales in foreign currencies shall be converted into USD using the rate of exchange for such currencies at the time published by the European Central Bank in Frankfurt (e.g., on Reuters Screen ), on the last day of the relevant Quarter in accordance with Ovid’s then current standard practices.

Exhibit # – Form of Tenant Direction Notice

Exhibit 1.1(a) - Form of Dual Obligee and Modification Rider

Exhibit 2.17(h) Borrowing Certificate

Exhibit 2.17(i)(i) General Contractor’s Agreement

Exhibit 2.17(i)(iii) Certificate of Architect/Other Design Professionals

Exhibit 2.17(f)(ix) Architect’s Certificate

Exhibit 2.17(w) Anticipated Cost Report

Exhibit 2.18(j)(iii) Performance Letter

Exhibit 2.19(e) Punch List Item Certificate BUILDING LOAN AGREEMENT