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counter market and the price for which is regularly quoted in recognized national quotation <br />services; <br />(d) A mere change in the form, method, or status of ownership (including, <br />without limitation, the creation of single -purpose entities) as long as the ultimate beneficial <br />ownership remains the same as of the Effective Date, or is otherwise excluded in accordance with <br />subsections (a) — (c) above; <br />(e) A transfer to an Affiliated nonprofit public benefit corporation or for - <br />profit corporation, or to a limited partnership whose general partner is a nonprofit corporation, for - <br />profit corporation or limited liability company Affiliated with the Tenant or the Tenant's general <br />partner, subject to the Lessor's right to approve the agreement to effect such assignment or transfer; <br />(i) The lease, assignment of lease or sublease of any individual residential <br />unit in the Improvements; <br />(g) A transfer of the Tenant's interest in the Premises by foreclosure or deed <br />in lieu of foreclosure to any bona fide third -party lender holding a lien encumbering the Premises <br />(or its nominee); or, <br />(h) Any assignment of the Lease by Tenant to an Affiliate of Tenant or to a <br />Mortgagee as security in which there is no change to the direct and indirect beneficial ownership <br />of the leasehold interest. <br />1.1.11. "Force Majeure Event" is defined in Article XIV. <br />1.1.12. "Hazardous Material(s)" is defined in Section 4.5. <br />1.1.13. "Improvements" shall mean and includes all buildings (including above- <br />ground and below ground portions thereof, and all foundations and supports), building systems <br />and equipment (such as HVAC, electrical and plumbing equipment), physical structures, fixtures, <br />hardscape, paving, curbs, gutters, sidewalks, fences, landscaping and all other improvements of <br />any type or nature whatsoever now or hereafter made or constructed on the Premises. The term <br />Improvements shall mean the Initial Improvements and any replacement improvements <br />constructed in accordance with the terms of this Lease. During the entire Term, the Improvements <br />will be restricted to the allowed uses. <br />1.1.14. "Includes" shall mean "includes but is not limited to" and "including" shall <br />mean "including but is not limited to." <br />1.1.15. "Initial Improvements" shall mean the improvements first constructed by <br />Tenant on the Premises at its sole cost and expense. <br />1.1.16. "Interest Rate" shall mean the lower of: (a) the reference or prime rate of <br />U.S. Bank National Association, in effect from time to time plus three percent (3%); or (b) the <br />Page14 <br />75A-51 <br />