Common use of Retail Space Clause in Contracts

Retail Space. The Company is responsible for securing tenants to ensure that seventy-five (75%) percent of the Rentable Retail Square Footage is occupied within one (1) year of the Execution Date. Once seventy-five percent (75%) of the Rentable Retail Square Footage is initially occupied, the Company will maintain an average of seventy-five percent (75%) occupancy of the Rentable Retail Square Footage for the term of this Lease, as documented in annual reports submitted to the City’s Metropolitan Redevelopment Agency showing the monthly occupancy (the “Initial Occupancy Requirements”). The Company is responsible for making reasonable business efforts to recruit tenants up to and including lowering rents, if necessary. If the Initial Occupancy Requirement is not met, a fee of 5% of the abated taxes shall be made payable to the City for the noncomplying year. EXAMPLE CLAWBACK, ONLY INCLUDED IF PROJECT INCLUDES RETAIL – if not, “Intentionally Deleted”

Retail Space. The Company is responsible for securing tenants to ensure that seventy-five (75%) percent of the Rentable Retail Square Footage is occupied within one (1) year of the Execution Date. Once seventy-five percent (75%) of the Rentable Retail Square Footage is initially occupied, the Company will maintain an average of seventy-five percent (75%) occupancy of the Rentable Retail Square Footage for the term of this Lease, as documented in annual reports submitted to the City’s Metropolitan Redevelopment Agency showing the monthly occupancy (the “Initial Occupancy Requirements”). The Company is responsible for making reasonable business efforts to recruit tenants up to and including lowering rents, if necessary. If the Initial Occupancy Requirement is not met, a fee of 5% of the abated taxes shall be made payable to the City for the noncomplying year. EXAMPLE CLAWBACK, ONLY INCLUDED IF PROJECT INCLUDES RETAIL – if not, “Intentionally Deleted”RETAIL

Retail Space. The Company is responsible for securing tenants to ensure that seventy-five (75%) percent of the Rentable Retail Square Footage is occupied within one (1) year of the Execution Date. Once seventy-five percent (75%) of the Rentable Retail Square Footage is initially occupied, the Company will maintain an average of seventy-five percent (75%) occupancy of the Rentable Retail Square Footage for the term of this Lease, as documented in annual reports submitted to the City’s Metropolitan Redevelopment Agency showing the monthly occupancy (the “Initial Occupancy Requirements”). The Company is responsible for making reasonable business efforts to recruit tenants up to and including lowering rents, if necessary. If the Initial Occupancy Requirement is not met, a fee of 5% of the abated taxes shall be made payable to the City for the noncomplying year. EXAMPLE CLAWBACK, ONLY INCLUDED IF PROJECT INCLUDES RETAIL OR COMMERCIAL – if not, “Intentionally Deleted”