Common use of DESCRIPTION OF SUBJECT PROPERTY Clause in Contracts

DESCRIPTION OF SUBJECT PROPERTY. The property owned by Highwoods which is the subject of this Agreement is as follows: (a) that tract containing approximately 5.459 acres of land and being described on Exhibit A (attached hereto and incorporated herein by reference), together with all right-of-ways and easements appurtenant thereto (said tract being commonly known as ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and being hereinafter referred to as the “Land”). (b) All of Highwoods’ right, title and interest in and to all rights, privileges, and easements appurtenant to the Land, including all water rights, rights-of-way, roadways, parking areas, roadbeds, alleyways and reversions or other appurtenances used in connection with the beneficial use of the Land. (c) All improvements, buildings, structures, related amenities and fixtures located on the Land and owned by Highwoods including, without limitation, that warehouse building containing approximately 89,600 square feet (hereinafter referred to as the “Building”), any and all other buildings, structures and amenities currently located on the Land, all fixtures, apparatus, equipment, vaults, machinery and built-in appliances used in connection with the operation and occupancy of the Land such as heating and air conditioning systems, electrical systems, plumbing systems, sprinkler and other fire protection and life safety systems, refrigeration, ventilation, or other facilities or services on the Land (all of which are together hereinafter called the “Improvements”). (d) Except as hereinafter set forth, all personal property to be described on Exhibit B pursuant to Section 4(b) hereof located on or in or used exclusively in connection with the Land and Improvements and owned by Highwoods and used or usable in the operation of the Property (as defined below) including, without limitation, fittings, appliances, shades, furniture, furnishings, and other furnishings or items of personal property used or usable in connection with the Building’s HVAC systems, but excluding all personal property located on the Land or in the Building owned by the tenant thereof or contractors who provide service to the Building or is not otherwise owned by Highwoods (hereinafter called the “Personal Property”). Notwithstanding the above, the Personal Property being purchased hereby shall not include those items of Personal Property described on Exhibit B-1, attached hereto and incorporated herein by reference. After the date of this Agreement, Highwoods shall not remove any Personal Property from the Building, Land or Improvements without the prior written consent of GT-Gateway. (e) All of Highwoods’ interest, if any, in the intangible property now or hereafter owned by Highwoods and used or usable in connection with the Property, Land, Improvements or Personal Property, that lease of the Building set forth on Exhibit C (the “Lease”), ground leases, subleases, prepaid rent, security deposits, contract rights, escrow deposits, utility agreements, guaranties, warranties, zoning rights or other rights related to the ownership of or use and operation of said Property, but excluding the rights to use the trade style name Highwoods Properties, and derivations thereof and any other trademarks used in connection therewith. A list of the service, maintenance and/or management contracts affecting or relating to the Property (the “Service Contracts”), some of which GT Gateway may agree to assume prior to Closing, and all guaranties and warranties relating to the Property which are assignable together with a description of all pertinent terms and provisions of such Service Contracts, guaranties and warranties shall be set forth in Exhibit C-1 and attached hereto prior to Closing. All Service Contracts that are not assumed by GT Gateway shall be terminated at or before Closing. All of the items of property described in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively called the “Property.” It is hereby acknowledged by GT Gateway that Highwoods shall not convey to GT Gateway claims relating to any real property tax refunds or rebates for periods occurring prior to Closing, (as hereinafter defined), existing insurance claims and any existing claims against the tenant or former tenants of the Property related to claims or causes of actions which arise prior to the Closing Date, which claims shall be reserved by Highwoods.

DESCRIPTION OF SUBJECT PROPERTY. The property owned by Highwoods which is the subject of this Agreement is as follows: (a) that tract containing approximately 5.459 14.2247 acres of land and being described on Exhibit A (attached hereto and incorporated herein by reference), together with all right-of-ways and easements appurtenant thereto (said tract being commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and being hereinafter referred to as the “Land”). (b) All of Highwoods’ right, title and interest in and to all rights, privileges, and easements appurtenant to the Land, including all water rights, rights-of-way, roadways, parking areas, roadbeds, alleyways and reversions or other appurtenances used in connection with the beneficial use of the Land. (c) All improvements, buildings, structures, related amenities and fixtures located on the Land and owned by Highwoods including, without limitation, that warehouse building containing approximately 89,600 240,879000 square feet (hereinafter referred to as the “Building”), any and all other buildings, structures and amenities currently located on the Land, all fixtures, apparatus, equipment, vaults, machinery and built-in appliances used in connection with the operation and occupancy of the Land such as heating and air conditioning systems, electrical systems, plumbing systems, sprinkler and other fire protection and life safety systems, refrigeration, ventilation, or other facilities or services on the Land (all of which are together hereinafter called the “Improvements”). (d) Except as hereinafter set forth, all personal property to be described on Exhibit B pursuant to Section 4(b) hereof located on or in or used exclusively in connection with the Land and Improvements and owned by Highwoods and used or usable in the operation of the Property (as defined below) including, without limitation, fittings, appliances, shades, furniture, furnishings, and other furnishings or items of personal property used or usable in connection with the Building’s HVAC systems, but excluding all personal property located on the Land or in the Building owned by the tenant thereof or contractors who provide service to the Building or is not otherwise owned by Highwoods (hereinafter called the “Personal Property”). Notwithstanding the above, the Personal Property being purchased hereby shall not include those items of Personal Property described on Exhibit B-1, attached hereto and incorporated herein by reference. After the date of this Agreement, Highwoods shall not remove any Personal Property from the Building, Land or Improvements without the prior written consent of GT-GatewayThe Distributees. (e) All of Highwoods’ interest, if any, in the intangible property now or hereafter owned by Highwoods and used or usable in connection with the Property, Land, Improvements or Personal Property, that lease of the Building set forth on Exhibit C (the “Lease”), ground leases, subleases, prepaid rent, security deposits, contract rights, escrow deposits, utility agreements, guaranties, warranties, zoning rights or other rights related to the ownership of or use and operation of said Property, but excluding the rights to use the trade style name Highwoods Properties, and derivations thereof and any other trademarks used in connection therewith. A list of the service, maintenance and/or management contracts affecting or relating to the Property (the “Service Contracts”), some of which GT Gateway The Distributees may agree to assume prior to Closing, and all guaranties and warranties relating to the Property which are assignable together with a description of all pertinent terms and provisions of such Service Contracts, guaranties and warranties shall be set forth in Exhibit C-1 and attached hereto prior to Closing. All Service Contracts that are not assumed by GT Gateway The Distributees shall be terminated at or before Closing. All of the items of property described in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively called the “Property.” It is hereby acknowledged by GT Gateway the Distributees that Highwoods shall not convey to GT Gateway the Distributees claims relating to any real property tax refunds or rebates for periods occurring prior to Closing, (as hereinafter defined), existing insurance claims and any existing claims against the tenant Tenant or former tenants of the Property related to claims or causes of actions which arise prior to the Closing Date, which claims shall be reserved by Highwoods.

DESCRIPTION OF SUBJECT PROPERTY. The property owned by Highwoods which is the subject of this Agreement is as follows: (a) that tract containing approximately 5.459 acres of land and being described on Exhibit A (attached hereto and incorporated herein by reference), together with all right-of-ways and easements appurtenant thereto (said tract being commonly known as ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and being hereinafter referred to as the “Land”). (b) All of Highwoods’ right, title and interest in and to all rights, privileges, and easements appurtenant to the Land, including all water rights, rights-of-way, roadways, parking areas, roadbeds, alleyways and reversions or other appurtenances used in connection with the beneficial use of the Land. (c) All improvements, buildings, structures, related amenities and fixtures located on the Land and owned by Highwoods including, without limitation, that warehouse building containing approximately 89,600 square feet (hereinafter referred to as the “Building”), any and all other buildings, structures and amenities currently located on the Land, all fixtures, apparatus, equipment, vaults, machinery and built-in appliances used in connection with the operation and occupancy of the Land such as heating and air conditioning systems, electrical systems, plumbing systems, sprinkler and other fire protection and life safety systems, refrigeration, ventilation, or other facilities or services on the Land (all of which are together hereinafter called the “Improvements”). (d) Except as hereinafter set forth, all personal property to be described on Exhibit B pursuant to Section 4(b) hereof located on or in or used exclusively in connection with the Land and Improvements and owned by Highwoods and used or usable in the operation of the Property (as defined below) including, without limitation, fittings, appliances, shades, furniture, furnishings, and other furnishings or items of personal property used or usable in connection with the Building’s HVAC systems, but excluding all personal property located on the Land or in the Building owned by the tenant thereof or contractors who provide service to the Building or is not otherwise owned by Highwoods (hereinafter called the “Personal Property”). Notwithstanding the above, the Personal Property being purchased hereby shall not include those items of Personal Property described on Exhibit B-1, attached hereto and incorporated herein by reference. After the date of this Agreement, Highwoods shall not remove any Personal Property from the Building, Land or Improvements without the prior written consent of GT-Gatewaythe Distributees. (e) All of Highwoods’ interest, if any, in the intangible property now or hereafter owned by Highwoods and used or usable in connection with the Property, Land, Improvements or Personal Property, that lease of the Building set forth on Exhibit C (the “Lease”), ground leases, subleases, prepaid rent, security deposits, contract rights, escrow deposits, utility agreements, guaranties, warranties, zoning rights or other rights related to the ownership of or use and operation of said Property, but excluding the rights to use the trade style name Highwoods Properties, and derivations thereof and any other trademarks used in connection therewith. A list of the service, maintenance and/or management contracts affecting or relating to the Property (the “Service Contracts”), some of which GT Gateway the Distributees may agree to assume prior to Closing, and all guaranties and warranties relating to the Property which are assignable together with a description of all pertinent terms and provisions of such Service Contracts, guaranties and warranties shall be set forth in Exhibit C-1 and attached hereto prior to Closing. All Service Contracts that are not assumed by GT Gateway the Distributees shall be terminated at or before Closing. All of the items of property described in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively called the “Property.” It is hereby acknowledged by GT Gateway the Distributees that Highwoods shall not convey to GT Gateway the Distributees claims relating to any real property tax refunds or rebates for periods occurring prior to Closing, (as hereinafter defined), existing insurance claims and any existing claims against the tenant or former tenants of the Property related to claims or causes of actions which arise prior to the Closing Date, which claims shall be reserved by Highwoods.

DESCRIPTION OF SUBJECT PROPERTY. The property owned by Highwoods which is the subject of this Agreement is as follows: (a) that tract containing approximately 5.459 acres of land Seller agrees to sell to Buyer, and being described on Exhibit A (attached hereto and incorporated herein by reference)Buyer agrees to purchase from Seller, together with all right-of-ways and easements appurtenant thereto (said tract being commonly known as ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and being hereinafter referred to as the “Land”). (b) All of Highwoods’ Seller’s right, title and interest in and to the following property and rights: (a) each parcel of land located at the street addresses set forth on Schedule A attached hereto as more fully described on Exhibits A-1 through A-3 attached hereto (individually and collectively, the “Land”); (b) all rights, privileges, privileges and easements appurtenant to the LandLand including, including without limitation, all water and air rights, rights-of-mineral rights (only to the extent owned by Seller and without any representation or warranty with respect thereto), rights of way, roadways, parking areas, roadbeds, drainage rights, alleyways and reversions or other appurtenances used in connection with the beneficial use of Land (to the Land.extent owned by Seller and without any representation or warranty with respect thereto) and any after-acquired title or reversion relating to the Land (with respect to each Property, individually and collectively, “Appurtenant Rights”); (c) All improvementsall improvements and fixtures now located on such Land (other than those owned by Tenant (as defined below) under the Lease as defined below) including, without limitation, any and all buildings, structures, related parking areas, landscaping improvements, other amenities and fixtures currently located on the Land and owned by Highwoods including, without limitation, that warehouse building containing approximately 89,600 square feet (hereinafter referred to as the “Building”), any and all other buildings, structures and amenities currently located on the Land, all fixtures, apparatus, equipment, vaultspumps, machinery motors, railroad track, machinery, treatment and storage facilities, and built-in appliances used or to be used in connection with the operation and occupancy of the Land Land, such as heating and air conditioning systems, electrical systems, plumbing systems, sprinkler fire prevention and other fire protection and life safety alarm systems, refrigeration, ventilation, or other facilities or services on the such Land (all of which are together hereinafter called the with respect to each Property, individually and collectively, “Improvements”).; (d) Except as hereinafter set forth, all personal property now owned or hereafter acquired by Seller and located on or to be described on Exhibit B pursuant to Section 4(b) hereof located on or in or used exclusively in connection with the Land and Improvements and owned by Highwoods and used or usable in the operation of the Property (as defined below) including, without limitation, fittings, appliances, shades, furnitureblinds, furnishingswall to wall carpet, draperies, screens and screening, awnings, plants, shrubbery, landscaping, lawn care and building maintenance equipment, deposits and other furnishings or items of personal property specifically used or usable to be used in connection with the Building’s HVAC systems, but excluding all personal property located on ownership and operation of the Land or in the Building owned by the tenant thereof or contractors who provide service Improvements, if any (with respect to the Building or is not otherwise owned by Highwoods (hereinafter called the each Property, individually and collectively, “Personal Property”). Notwithstanding the above, the Personal Property being purchased hereby shall not include those items of Personal Property described on Exhibit B-1, attached hereto and incorporated herein by reference. After the date of this Agreement, Highwoods shall not remove any Personal Property from the Building, Land or Improvements without the prior written consent of GT-Gateway.; (e) All of Highwoods’ interestwith respect to each Property, Seller’s right, title and interest (a) in and to all contracts, agreements, guarantees, warranties and indemnities, written or oral, if any, in affecting the intangible property now or hereafter owned by Highwoods ownership, operation, management and used or usable in connection with maintenance of the Property, Land, Improvements or Improvements, Personal PropertyProperty and the Lease including, that lease of the Building set forth on Exhibit C without limitation, those items listed and described in Exhibits B-1 through B-3 attached hereto (collectively, the “Lease”), ground leases, subleases, prepaid rent, security deposits, contract rights, escrow deposits, utility agreements, guaranties, warranties, zoning rights or other rights related to the ownership of or use and operation of said Property, but excluding the rights to use the trade style name Highwoods Properties, and derivations thereof and any other trademarks used in connection therewith. A list of the service, maintenance and/or management contracts affecting or relating to the Property (the “Service Contracts”), some of which GT Gateway may agree and (b) in and to assume prior all (i) plans, models, drawings, specifications, blueprints, surveys, engineering reports, environmental reports and other technical descriptions or materials relating in any way to Closingthe Land, Improvements, Appurtenant Rights, Personal Property or the Contracts, and all guaranties (ii) licenses, franchises, certificates, occupancy and warranties relating to use certificates, permits, authorizations, consents, variances, waivers, approvals and the Property which are assignable together with a description like from any governmental or quasi-governmental entity or instrumentality affecting the ownership, operation or maintenance of all pertinent terms and provisions of such Service Contractsthe Land or the Improvements, guaranties and warranties shall be set forth including, without limitation, the items listed in Exhibit Exhibits C-1 and through C-3 attached hereto prior with respect to Closing. All Service Contracts that are not assumed by GT Gateway shall be terminated at or before Closingeach Property, individually and (collectively, the “Licenses”). All of the items of property property, rights and privileges described in Subsections (a)this Paragraph 1 are collectively referred to as individually and collectively, (b), (c), (d) and (e) above are hereinafter collectively called the “Property” or alternatively, the “Building 1 Property,” the “Building 2 Property” or the “Longaberger Homestead Property,” as applicable.” It is hereby acknowledged by GT Gateway that Highwoods shall not convey to GT Gateway claims relating to any real property tax refunds or rebates for periods occurring prior to Closing, (as hereinafter defined), existing insurance claims and any existing claims against the tenant or former tenants of the Property related to claims or causes of actions which arise prior to the Closing Date, which claims shall be reserved by Highwoods.