Common use of Leasing Commissions Clause in Contracts

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this Agreement, the applicable Property Owner shall pay to Manager: (i) six percent (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property, and (ii) three percent (3%) of base rent for the first one hundred twenty (120) months of the renewal term for extensions and renewals of existing leases at such Property (the "Leasing Commission"). If, however, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule shall be used to determine the Leasing Commission due to Manager. Notwithstanding the foregoing, or anything to the contrary herein, (a) Manager shall be responsible for paying the fee of any broker from the commission due to Manager pursuant to the foregoing (i.e. the leasing commission earned by Manager will be reduced by any amounts owed to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals entered into by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless within thirty (30) days after the expiration of the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials tenants with whom Manager engaged in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date of expiration or termination of the Term, so long as the Agreement was not terminated by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or termination.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the "Leasing Commission"“Management Agreement”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and that Seller shall deliver termination notices with regard to determine the Leasing Commission due Management Agreement at Closing (unless Purchaser elects to Managerassume such Management Agreement) at no cost to Purchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty (30) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants with whom Manager engaged listed in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date item IV of expiration or termination of the Term, so long as the Agreement was not terminated EXHIBIT “C” hereto and approved by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationPurchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the "Leasing Commission"“Management Agreement”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and that upon the written request of Purchaser, Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at Closing at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date; and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty ninety (3090) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants with whom Manager engaged listed in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date item IV of expiration or termination of the Term, so long as the Agreement was not terminated EXHIBIT “C” hereto and approved by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationPurchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the "Leasing Commission"“Management Agreement”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full. At Closing, Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date; and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty ninety (3090) days after the expiration Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT “C” hereto and approved by Purchaser; provided, however, with respect to the Term relocation of Xxxxxx Communication to a new location within the Property and the expansion of Prudential Carolina into the adjacent space, Seller shall be responsible for all leasing commissions, tenant improvement costs or other costs or expenses related thereto in the amount not to exceed Twenty Six Thousand Two Hundred Seventy Six and 83/100 Dollars ($26,276.83) (the “Tenant Relocation and Expansion Funds”). In the event the Tenant Relocation and Expansion Funds have not been paid by Seller prior to Closing, the Tenant Relocation and Expansion Funds shall be delivered by Seller into escrow with the Escrow Agent at Closing subject to an escrow agreement in the form attached hereto as EXHIBIT “L” entered into at Closing. In the event that Purchaser has (i) not entered into lease amendments related to the relocation of Xxxxxx Communication or the termination expansion of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials tenants with whom Manager engaged in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal Prudential Carolina within seventy-five ninety (7590) days after Closing, or (ii) not incurred the date costs related to the relocation of expiration Xxxxxx Communication or termination the expansion of Prudential Carolina into the Termadjacent space within ninety (90) days after Closing, so long as or (iii) if the Agreement was not terminated by Property Owners pursuant to Section 3(c)(i) actual leasing commissions and tenant improvement costs for the relocation of Xxxxxx Communication or the Agreementexpansion of Prudential Carolina are less than the Tenant Relocation and Expansion Funds, Manager any Tenant Relocation and Expansion Funds remaining in escrow shall be entitled refunded to a leasing commission with respect thereto equal in amount Seller upon the written request to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationEscrow Agent signed by both Seller and Purchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the "Leasing Commission"“Management Agreement”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and that Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at Closing at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved by Purchaser, and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date; and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty ninety (3090) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants with whom Manager engaged listed in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date item IV of expiration or termination of the Term, so long as the Agreement was not terminated EXHIBIT “C” hereto and approved by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationPurchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the "Leasing Commission"“Management Agreement”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and that upon the written request of Purchaser, Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at Closing at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date; and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty ten (3010) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants with whom Manager engaged listed in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date item IV of expiration or termination of the Term, so long as the Agreement was not terminated EXHIBIT “C” hereto and approved by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationPurchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller's knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease ------------------- brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than commissions payable to an affiliate of Seller, Xxxxx Management Company, Inc. (6%) of base rent for "Xxxxx Management"), pursuant to an oral agreement with the first one hundred twenty Seller and which shall be fully paid and satisfied in full prior to the Closing and as disclosed in Exhibit "C" attached hereto (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property"Commission Agreements"), and (ii) three percent (3%) of base rent for --------------------- there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions Property other than oral agreements between Seller and renewals Xxxxx Management, which shall be of existing leases at such Property no further force and effect as of the date of Closing and which shall be fully paid and satisfied as of the date of Closing and as disclosed on said Exhibit "C" (the "Leasing CommissionManagement Agreement"). If; and that all -------------------- leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at Closing at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any broker from new leases entered into after the commission due to Manager pursuant to the foregoing Effective Date that have been approved (i.e. the leasing commission earned or deemed approved) by Manager will be reduced by any amounts owed to any broker) Purchaser, and (bB) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals entered into by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless within thirty (30) days after the expiration of the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials tenants with whom Manager engaged in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date of expiration or termination of the Term, so long as the Agreement was not terminated by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration extension of any Leases existing as of the Effective Date and exercised or terminationeffected after the Effective Date.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT “C” (the "Leasing Commission"“Management Agreement ”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and that upon the written request of Purchaser, Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at Closing at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall 36 be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date; and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty ninety (3090) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants with whom Manager engaged listed in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date item IV of expiration or termination of the Term, so long as the Agreement was not terminated EXHIBIT “C” hereto and approved by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationPurchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller’s knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT “C” attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property“Commission Agreements”), and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT ”C” (the "Leasing Commission"“Management Agreement”). If; and that all leasing commissions, howeverbrokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and that Seller shall deliver termination notices with regard to determine the Leasing Commission due Management Agreement at Closing (unless Purchaser elects to Managerassume such Management Agreement) at no cost to Purchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after the Effective Date that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any broker from Leases existing as of the commission due to Manager pursuant Effective Date and exercised or effected after the Effective Date, and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty (30) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants with whom Manager engaged listed in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date item IV of expiration or termination of the Term, so long as the Agreement was not terminated EXHIBIT ”C” hereto and approved by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or terminationPurchaser.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms As of this AgreementJanuary 5, the applicable Property Owner shall pay to Manager: 2001, (i) six percent to Seller's ------------------- knowledge, there are no lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in Exhibit "C" attached hereto (6%the "Commission Agreements"), (ii) Seller has not executed and delivered any lease --------------------- brokerage agreements, leasing commission agreements or other agreements providing for payments of base rent any amounts for leasing activities or procuring tenants which remain in effect with respect to the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Propertyexcept as set forth on Exhibit "C" hereto, and (iiiii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said Exhibit "C" (the "Leasing CommissionManagement Agreement"). IfAll leasing commissions, however-------------------- brokerage fees and management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and Seller shall terminate the Management Agreement at Closing at no cost to determine the Leasing Commission due to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any new leases entered into after January 5, 2001 that have been approved (or deemed approved) by Purchaser, and (B) the renewal, expansion or extension of any broker from the commission due to Manager pursuant Leases existing as of January 5, 2001 and exercised or effected after January 5, 2001, and (C) those Leases and those renewals, expansions or extensions listed in item V of Exhibit "C" hereto; and Purchaser shall pay to the foregoing (i.e. manager under the Management Agreement leasing commission earned by Manager will be reduced by any amounts owed commissions with respect to any broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals leases entered into (or expansions, renewals or extensions effected) by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless Purchaser within thirty ninety (3090) days after the expiration of Closing Date with the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials prospective tenants listed in item IV of Exhibit "C", plus any prospective new tenants with whom Manager engaged in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into discussions for a new lease, lease expansion or lease renewal within seventy-five (75) days are first held after the date of expiration or termination of hereof and any existing tenants with whom substantive discussions for the Term, so long as the Agreement was not terminated by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new leaserenewal, expansion or renewal been entered into prior extension of existing Leases are first held after the date hereof, provided that negotiations shall be underway at the time of Closing and evidenced by a written proposal made to such expiration new or terminationexisting tenant or a signed letter of intent or some equivalent written agreement in principle.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this Agreement, the applicable Property Owner shall pay to Manager: (i) six percent (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's ’s Property by Manager and expansions of existing leases at such Property, and (ii) three percent (3%) of base rent for the first one hundred twenty (120) months of the renewal term for extensions and renewals of existing leases at such Property (the "“Leasing Commission"”). If, however, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN RetailGAP); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule shall be used to determine the Leasing Commission due to Manager. Notwithstanding the foregoing, or anything to the contrary herein, (a) Manager shall be responsible for paying the fee of any cooperating broker from the commission due to Manager pursuant to the foregoing (i.e. the leasing commission earned by Manager will be reduced by any amounts owed to any cooperating broker) and (b) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals entered into by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless within thirty (30) days after the expiration of the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials tenants with whom Manager engaged in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date of expiration or termination of the Term, so long as the Agreement was not terminated by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been entered into prior to such expiration or termination.

Leasing Commissions. In exchange for leasing services to be provided by Manager pursuant to the terms of this AgreementTo Seller's knowledge, the applicable Property Owner shall pay to Manager: (i) six percent there are no ------------------- lease brokerage agreements, leasing commission agreements or other agreements providing for payments of any amounts for leasing activities or procuring tenants with respect to the Property or any portion or portions thereof other than as disclosed in EXHIBIT "C" attached hereto (6%) of base rent for the first one hundred twenty (120) months of the initial term for new Leases procured for such Property Owner's Property by Manager and expansions of existing leases at such Property"Commission Agreements"), --------------------- and (ii) three percent (3%) of base rent for there are no agreements currently in effect relating to the first one hundred twenty (120) months management and leasing of the renewal term for extensions and renewals of existing leases at such Property other than as disclosed on said EXHIBIT "C" (the "Leasing CommissionManagement Agreement"). If; and that all leasing commissions, howeverbrokerage fees and -------------------- management fees accrued or due and payable under the Commission Agreements and the Management Agreement, the foregoing leasing commission structure is not the structure that is commonly utilized in a particular market area where the applicable Property is located, then the applicable Property Owner and Manager may utilize an alternative leasing commission structure that is commonly utilized in the market area, such as the payment of a certain dollar amount per square foot for a certain period of the lease term; provided, that date hereof and at the same is agreed to in writing in advance by both Manager and the applicable Property Owner (which agreement shall require the approval of MN Retail); provided, further, that if Manager and the applicable Property Owner are unable to so agree, then the foregoing schedule Closing have been or shall be used paid in full; and Seller shall terminate the Management Agreement as to determine the Leasing Commission due Property at Closing at no cost to ManagerPurchaser. Notwithstanding the foregoing, or anything to the contrary contained herein, (a) Manager Purchaser shall be responsible for paying the fee payment of all leasing commissions payable for (A) any broker from new leases entered into after the commission due to Manager pursuant to the foregoing Effective Date that have been approved (i.e. the leasing commission earned or deemed approved) by Manager will be reduced by any amounts owed to any broker) Purchaser, and (bB) in no event will Manager be entitled to any Leasing Commission for any new leases, lease expansions or lease renewals entered into by a Property Owner following the expiration of the Term, whether or not Manager would customarily be deemed to be the procuring cause of such new lease, lease expansion or lease renewal, unless within thirty (30) days after the expiration of the Term or the termination of the Agreement, Manager delivers to Property Owner a written list of those tenants or potentials tenants with whom Manager engaged in substantive leasing negotiations or from whom Manager received a written lease proposal, prior to such expiration or termination. If any such identified tenant or potential tenant enters into a new lease, lease expansion or lease renewal within seventy-five (75) days after the date of expiration or termination of the Term, so long as the Agreement was not terminated by Property Owners pursuant to Section 3(c)(i) of the Agreement, Manager shall be entitled to a leasing commission with respect thereto equal in amount to the commission Manager would have received had such new lease, expansion or renewal been extension of any Leases existing as of the Effective Date and exercised or effected after the Effective Date; and Purchaser shall pay to the manager under the Management Agreement leasing commissions with respect to leases entered into prior to such expiration (or terminationexpansions, renewals or extensions effected) by Purchaser within three (3) months after the Closing Date with the tenants or prospective tenants listed in item IV of EXHIBIT "C" hereto and approved by Purchaser.