. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): # all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, # all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of persons employed by tenants of the Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and all costs and fees (including attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If, at any time during the Lease Term, the taxation or assessment of the Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge # on the value, size, use or occupancy of the Property or Landlord’s interest therein or # on or measured by the gross receipts, income or rentals from the Property, or on Landlord’s business of owning, leasing or managing the Property or # computed in any manner with respect to the operation of the Property,

Real Property Taxes. Real Property Taxes attributable to Common Area Lots (which shall be distinguished from Real Property Taxes attributable to Common Areas situated upon Building Lots) shall be allocated pro rata among all Owners of Building Lots, with each Building Lot Owner's share to be a fraction, the numerator of which shall be the Deemed Area of Land for each such Owner’s Building Lot, and the denominator of which shall be the sum of the various numerators for all Owners of Building Lots entitled to use such Common Areas (which shall specifically exclude the acreage of the Common Area Lots and all public dedications, it being intended that the property value, if any, of any Common Area Lots and areas of public dedication be allocated by the taxing authority ratably as part of the property value of all Building Lots within the Project). Real Property Taxes attributable to Common Area Lots shall consist of all Real Property Taxes attributable to land and Improvements located upon the Property exclusive of Real Property Taxes attributable to # Building Lots and all Improvements located thereon; and # any undeveloped portion of the Property until such time as Declarant or its successor has designated such undeveloped portion as a “Common Area Lot” and such property has been improved with Common Area Improvements and a certificate of occupancy or other governmental approval authorizing use of such Common Area Improvements has been issued. Real Property Taxes attributable to Common Parking Areas shall be allocated and paid as provided in Section 2.4(c) above. Regular Assessments and Special Assessments for Real Property Taxes attributable to Common Area Lots shall commence with respect to each Building Lot upon the recordation of the Final Map which contains such Building Lot.

Insurance premiums.

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Building Share (with respect to clause (i)) and Tenant’s Property Share (with respect to clauses (ii) and (iii) below) (each as hereinafter adjusted) of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): # all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against Landlord’s interest in Building 3 or this Lease, or the fixtures, equipment and other property of Landlord that is an integral part of Building 3 and located thereon, or Landlord’s business of owning, leasing or managing Building 3 or the gross receipts, income or rentals from Building 3, or based on the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at Building 3, or based on the number of persons employed by tenants of Building 3, the size (whether measured in area, volume, number of tenants or whatever) or the value of Building 3, or the type of use or uses conducted within Building 3, # except as otherwise provided herein, all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Property and/or the Common Areas (but without duplication of amounts payable on account of [clause (i) above]) other than Development Costs (as defined in Paragraph 13.12(c) below), and # all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Common Areas, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) in the Common Areas (but without duplication of amounts payable on account of [clause (i) above]), and all costs and fees (including attorneys’ fees) reasonably incurred in good faith by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If, at any time during the Lease Term, the taxation or assessment of the Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any Building 3

Real Property Taxes. Tenant shall pay to Landlord Tenant’s Share of all taxes, assessments, supplementary taxes, possessory interest taxes, levies, fees, exactions or charges and other governmental charges, together with any interest, charges, fees, and penalties in connection therewith, which are assessed, levied, charged, conferred or imposed by any public authority upon the Land, the Building, or any other improvements, fixtures, equipment, or other property located at or on the Land (collectively, “Real Property Taxes”) for each full or partial calendar year during the Term in accordance with the terms and provisions of Sections 6 and 7 below. Landlord may, but is not obligated to, contest by appropriate legal proceedings the amount, validity, or application of any Real Property Taxes or liens thereof. All capital levies or other taxes assessed or imposed on Landlord upon the rents payable to Landlord under this Lease and any franchise tax, any excise, use, margin, transaction, sales or privilege tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises or any portion thereof shall be paid by Tenant to Landlord in advance on a monthly basis in estimated installments or upon demand, at the option of Landlord, as additional rent. Notwithstanding anything to the contrary contained herein, “Real Property Taxes” shall not include # any federal or state income taxes levied or assessed on Landlord, # any payroll, excise, estate, inheritance, succession, gift, transfer, franchise, capital stock, documentary or stamp taxes payable by Landlord or upon the rentals payable under this Lease even though such taxes may become a lien against the Premises or the Building, or # fines, penalties, costs or interest for any Real Property Taxes, or part thereof, which Landlord or its mortgagee has failed to timely pay.

Real Property.Cause all Unencumbered Real Estate that is Collateral and all Real Property acquired with proceeds of the Revolving Loan to be subject at all times to a valid and, subject to any filing and/or recording referred to herein, enforceable Lien in favor of Lender on, and security interest in, real property that is prior and superior in right to any other Lien in favor of Lender to secure the Obligations as required by the Collateral Documents

Real Property. All Real Property Interests of each Credit Party and the nature of its interest (both registered and beneficial) Credit Party therein, is correctly set forth on [Schedule 12.1(t)]. Each Credit Party has legal and marketable title to all of its Real Property Interests, free and clear of all Liens other than Permitted Liens.

Real Property. Any rights of Sellers in real property used in the Business, other than Excluded Assets (“Real Property”), and all of Seller’s rights as lessee or lessor pursuant to those real property leases described on [Schedule 1.1(n)] (the “Third Party Leases”), together with Sellers’ interests in the rights, easements and appurtenances pertaining thereto, including without limitation, Sellers’ interest in any right-of-way or easement over any adjoining property and in and to adjacent streets, alleys or rights-of-way (the “Leased Property”); (o) Permits. All governmental permits, licenses, certificates and approvals (“Permits”) which are held by the Sellers and required for the conduct of the Business as currently conducted or for the ownership and use of the Purchased Assets; (p) Actions. All rights to any Claims of any nature available to or being pursued by any Seller to the extent related to the Business, the Purchased Assets or the Assumed Liabilities, whether arising by way of counterclaim or otherwise, but excluding any rights related to Seller’s accounts receivables and the Excluded Assets;

Real Property . Set forth on [Schedule 5.14] is a complete and accurate list, as of the Closing Date, of the address of all real property owned or leased by any Co-Borrower or any Subsidiary, together with, in the case of leased property, the name and mailing address of the lessor of such property.

Seller does not own any Real Property.