R2003-146 AUTHORIZING FIRST AMENDMENT

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1.5 Constant Dollars "Constant Dollars" shall mean the value of the U.S. dollar to which such phrase refers, as adjusted from time to time. An adjustment shall occur on the lst day of June of the sixth (6th) full calendar year following the date of this OEA, and thereafter at five (5) year intervals. 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. The "Base Index Number" shall be the level of the Index for the year this OEA commences; the "Current Index Number" shall be the level of the Index for the year preceding the adjustment year�, the "Index" shall be the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor for U.S. City Average, All Items (1996=100), or any successor index thereto as hereinafter provided. If publication of the Index is discontinued, or if the basis of calculating the Index is materially changed, then the Approving Parties shall substitute for the Index comparable statistics as computed by an agency of the United States Government or, if none, by a substantial and responsible periodical or publication of recognized authority most closely approximating the result which would have been achieved by the Index. 1.6 Floor Area (A) "Floor Area" shall mean the aggregate of the actual number of square feet of space (i) contained on each floor within a Building, including any mezzanine or basement space, as measured from the exterior faces of the exterior walls or store front and/or the center line of any common walls; (ii) within an Outside Sales Area in excess of exceeding fifteen thousand (15,000) square feet; and (iii) used for outdoor seating for customers of Restaurants and/or other food service businesses. Floor Area shall not include space attributable to any multi-deck, platform, rack or other multi-level system used solely for the storage of inerchandise which is located above ground floor, nor any space used solely for Building utilities or mechanical equipment. Within thirty (30) days after receipt of a request therefor, a Party shall certify to the requesting Party the amount of Floor Area applicable to such Party's Tract. If any Party causes an as-built survey to be prepared with respect to any portion of the Development, such Party shall furnish a copy of such survey to the other Parties for informational purposes only. (B) During any period of rebuilding, repairing, replacement or reconstruction of a Building, the Floor Area previously attributable to that Tract shall be deemed to be the same as existed immediately prior to such period. Upon completion of such rebuilding, repairing, 3 #592904 v5-OEA-Decatur 9/I9/2003