Intangible Personal Property. To the extent assignable at no cost to Seller, all intangible personal property, if any, owned by Seller and related to the Real Property and the Improvements, including, without limitation: any plans and specifications and other architectural and engineering drawings for the Improvements; any warranties; any domain names, website addresses and phone numbers for the operation of the Property; any Service Contracts (as defined in Section 2.1 below) and other contract rights related to the Property (but only to the extent Seller’s obligations thereunder are expressly assumed by Buyer pursuant to the Assignment of Leases as defined in [Section 8.3] below), but specifically excluding all Service Contracts described on [Exhibit K] attached hereto and made a part hereof (the “Excluded Service Contracts”); and any governmental permits, approvals and licenses (including any pending applications) (collectively, the “Intangible Personal Property”). Notwithstanding anything to the contrary contained herein, there shall be excluded from the assignment of any rights of Seller under any Leases or other Intangible Personal Property # any rights of Seller against third parties including, without limitation, tenants, with respect to the period prior to Closing, # except to the extent Seller receives a credit therefor at Closing, the rights of Seller to rents and other payments from tenants and other third parties prior to the Closing Date in accordance with the provisions of [Section 8.5] below governing the same, and # any and all rights of Seller, Zynga and their affiliates to intellectual property, trade names, trademarks, patents, logos, or any other intangible property of any kind whatsoever other than the Intangible Personal Property, including without limitation the names “Zynga” and any derivatives thereof and “[[Seller:Organization]]” and any derivatives thereof (collectively, the “Excluded Rights”).

Any and all of the following items, to the extent assignable and without warranty (the “Intangible Personal Property”): # licenses, and permits relating to the operation of the Real Property, # the right to use the name of the Improvements in connection with the Real Property, but specifically excluding any trademarks, service marks and trade names of Seller, # if still in effect, guaranties and warranties received by Seller from any person in connection with the operation of the Property, # any service contracts listed on [Schedule 1.2(d)] attached hereto, subject to any changes thereto in accordance with Section 4.2 (collectively, the “Service Contracts”) affecting the Property in effect as of Closing, all of which shall be assumed by Purchaser at Closing pursuant to the Assignment. At Closing, Seller shall terminate any agreements with respect to the management or leasing of the Property to which Seller is a party.

The “Intangible Personal Property,” being all, right, title and interest of Seller in and to all intangible personal property now or hereafter used in connection with the operation, ownership, maintenance, management, or occupancy of the Real Property, including without limitation: all trade names and trade-marks associated with the Real Property; the plans and specifications and other architectural, engineering and construction drawings for the Improvements; warranties; indemnities, guaranties; claims against third parties; all contract rights related to the construction, operation, ownership or management of the Real Property; applications, permits, approvals, developer or declarant rights, development rights and entitlements, all telephone exchange numbers and any prepaid impact fees or credits, and licenses (to the extent assignable); insurance proceeds and condemnation awards or claims thereto to be assigned to Purchaser hereunder; and all books and records relating to the Property.

“Intangible Property” shall mean all intangible property, if any, owned by Seller and related to the Land and Improvements, including without limitation, Seller’s rights and interests, if any, in and to the following: # all assignable plans and specifications and other architectural and engineering drawings for the Land and Improvements; # all assignable warranties or guaranties given or made in respect of the Improvements or Personal Property; and # all transferable consents, authorizations, variances or waivers, development rights, concurrency reservations, impact fee credits, licenses, permits and approvals from any governmental or quasi-governmental agency, department, board, commission, bureau or other entity or instrumentality solely in respect of the Land or Improvements.