a. Any proposed restaurant tenant which is not an “Acceptable Restaurant.” “Acceptable Restaurant” shall mean a high-quality restaurant consistent with the following characteristics: (i) will be operated by a local company (i.e., not a national chain or franchise of a national chain) known for operating restaurants comparable to the Tom Douglas restaurants in Seattle; (ii) offers primarily table service and is not a cafeteria-style restaurant; (iii) is a “unique” restaurant concept not already found in the Seattle metropolitan area or is comparable with the concepts of the Tom Douglas restaurants in Seattle as of the date of this Agreement); and (iv) is not a “national chain” restaurant in the same category as Applebee’s, TGI Fridays, Red Robin or similar restaurants;

b. Any proposed material deviation from the terms of a letter of intent for the subject lease which has been previously approved by Purchaser;

c. Any proposed deviation from the provisions in Form Retail Lease with respect to the following issues:

(i) Landlord environmental or hazardous substances representations, warranties or indemnities;

(ii) Limitation of Landlord’s liability to its interest in the Property;

(iii) Consequential damages waiver;

(iv) Any modifications to tenant’s default remedies, including without limitation any termination, self-help, off-set remedies or additional rent abatement rights;

(v) Any tenant improvement allowances which do not expire within one (1) year of the commencement date of the term of the lease if not utilized by tenant;

(vi) Any exclusive use right that extends beyond the Property and does not exempt the office space in the Property, Amazon.com Inc. and its affiliates;

(vii) Any modification to the confidentiality provisions; or

(viii) Landlord indemnity obligations;

(ix) Any other changes materially increasing Landlord’s obligations or materially reducing the economic benefits of the lease to the Landlord from the provisions contained in Seller’s Form Retail Lease.]⁶

[Seller and Purchaser intend to enter into a Side Letter Agreement regarding proposed leases with Wells Fargo and Bartell Drugs on or about the Effective Date.]⁶

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