200501143 - Laserfiche WebLink

Browse

200501143 1.2 Anchor Space. "Anchor Space" shall mean the space within the Shopping Center occupied by an Anchor Occupant. 1.3 Approving Part y. "Approving Party" shall mean the Party designated from time to time to make certain decisions and /or give certain approvals pursuant to the terms of this OEA. There shall be one Approving Party representing the Developer Tract and one Approving Party representing the Kohl's Tract; provided, however, if an Anchor Occupant exists, then such Anchor Occupant shall be an additional Approving Party with respect to the Tract within which the Anchor Space occupied by such Anchor Occupant is situated. The Approving Party representing the Developer Tract shall also represent the Outlot Tracts. Developer shall be the initial Approving Party for the Developer Tract; Kohl's shall be the initial Approving Party for the Kohl's Tract. Each Approving Party shall have the right to assign its position as Approving Party pursuant to Section 12.4. 1.4 Building. "Building" shall mean any enclosed structure now or hereafter placed, constructed or located on a Tract, which for the purpose of this OEA shall include any appurtenant canopies, supports, loading docks, truck ramps and other outward extensions exclusive of any gasoline service canopies. 1.5 Building Area. "Building Area" shall mean those areas of the Shopping Center which are designated as such on the SITE PLAN and within which Buildings may be constructed, placed or located. 1.6 Claims. "Claims" shall mean claims, losses, liabilities, actions, proceedings, costs and expenses (including reasonable attorneys' fees and costs of suit). 1.7 Common Area. "Common Area" shall mean all areas within the Shopping Center, exclusive of (i) Buildings and (ii) any Outside Sales Area. 1.8 Constant Dollars. (a) "Constant Dollars" shall mean the present value of the dollars to which such phrase refers. The first adjustment of Constant Dollars shall occur on January 1, 2010, and Constant Dollars shall be adjusted every five (5) years thereafter. Constant Dollars shall be determined by multiplying the dollar amount to be adjusted by a fraction, the numerator of which is the Current Index Number and the denominator of which is the Base Index Number. (b) "Base Index Number" shall mean the level of the Index for September, 2004. (c) "Current Index Number" shall mean the level of the Index for the month of September of the year preceding the adjustment year. (d) "Index" shall mean the Consumer Price Index for All Urban Consumers (CPI -U), U.S. City Average, published by the Bureau of Labor Statistics of the United States Department of Labor (base year 1982 -84 =100), or if publication of the Index is discontinued, a substitute index selected by the Approving Parties of comparable statistics computed by an agency of the United States Government or, if none, by a substantial and G: \LEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD 11/16/04 2