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1.3.2.3 Notwithstanding the foregoing, the following assignments or transfers of <br />this Agreement and the Project Site shall be permitted: <br />1.3.2.3.1 the sale or lease of commercial, restaurant or caf6 space to tenants or end - <br />users, for occupancy upon completion; <br />1.3.2.3.2 an assignment as security for a construction and /or development loan from a <br />lender, subject to the approval by City pursuant to this Agreement, which <br />approval shall not be unreasonably withheld, conditioned, or delayed; <br />1.3.2.3.3 an assignment to a Partnership, as authorized above and in compliance with <br />this Section 1.3.2; or <br />1.3.2.3.4 any other assignment or transfer after the issuance of a certificate of <br />occupancy for the Project. <br />1.4 The Project Site. The Project Site is comprised of the City Property, as generally shown <br />on the Map of the Project Site attached hereto as Attaclunent No. 1. <br />Article 2 <br />DEFINITIONS <br />2.1 Definitions. Each reference in this Agreement to any of the following terms shall have <br />the meaning set forth below for each such term. <br />2.1.1 "City" and "Developer" shall have the definitions set forth in the 'Preamble, <br />Recitals and Section 1.3. <br />2.1.2 "City Property" is defined in Recital A. <br />2.1.3 "Close of Escrow" is defined in Section 3.3.3. <br />2.1.4 "Damages" is defined in Section 3.12.3. <br />2.1.5 "Deposit' is defined in Section 3.2. <br />2.1.6 "Escrow Agent' is defined in Section 3.3. <br />2.1.7 "Feasibility Period" is defined in Section 3.2. <br />2.1.8 "Force Majeure" is defined in Section 6.3. <br />2.1.9 "Grant Deed" is defined in Section 3.3. <br />2.1.10 "Hazardous Materials" is defined in Section 3.12.5. <br />55394.00000\29008220.1 65A -7 <br />