Western Retail Properties, LLC

Intellectual Properties Statement

THE CONTENT OF THIS WEBSITE IS PROTECTED BY INTELLECTUAL PROPERTY LAWS.

Use of text, images and other content on this website without the express permission of Western Retail Properties, LLC is strictly prohibited.

The content of this website, including any downloadable documents is for the sole use of the intended recipient and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. Any dissemination, distribution, or copying of this information without the express permission of Western Retail Properties, LLC is strictly prohibited.

Text and image files, and other content on this website is the property of Western Retail Properties, LLC and is protected by copyright and other restrictions as well. Copyrights and other proprietary rights in the content on this website may also be owned by individuals and entities other than, and in addition to, Western Retail Properties, LLC. Western Retail Properties, LLC expressly prohibits the copying or use of any protected materials on this website.

DOWNLOAD OF DOCUMENTS

By downloading any document(s) provided by Western Retail Properties, LLC ("WRP") on this website, and in consideration for, and as a condition to, the download of such document(s), the party downloading the document(s) ("Receiver") agrees as follows:

All documents downloaded are for evaluation purposes (“Evaluation Material”) only.

Receiver shall use the Evaluation Material solely for the purpose of evaluation of a potential transaction with Western Retail Properties, LLC or a related entity and for no other purpose. Receiver shall take all necessary precautions to ensure that no person acquires any Evaluation Material from or through Receiver.

In the event that Receiver receives a request to disclose all or any part of any Evaluation Material under the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction or by a governmental body, Receiver agrees to immediately notify WRP of the existence, terms and circumstances surrounding such a request so that WRP may seek an appropriate protective order and/or waive Receiver’s compliance with the provisions of this Agreement. If disclosure of such information is required in the written opinion of Receiver’s counsel, Receiver shall exercise Receiver’s commercially reasonable best efforts to obtain an order or other reliable assurances that confidential treatment will be accorded to such Evaluation Material, in which case Receiver will furnish only that portion of the Evaluation Material which Receiver is advised by counsel that Receiver is required to disclose.

The term “Evaluation Material” does not include information that (i) is or becomes generally available to the public other than as a result of a disclosure by Receiver; (ii) was rightfully available to Receiver on a nonconfidential basis prior to its disclosure to Receiver by WRP or its affiliates; (iii) becomes rightfully available to Receiver from a source other than the WRP or its affiliates; provided that such source is not prohibited from disclosing such information to Receiver by a legal, contractual or fiduciary obligation or other obligation of secrecy to either WRP or its affiliates; or (iv) is developed by Receiver independently of any Evaluation Material.

Receiver understands that WRP and its affiliates do not make any express or implied representation or warranty as to the accuracy, currency or completeness of the Evaluation Material. Receiver agrees that neither WRP nor its affiliates shall have any liability to Receiver resulting from the use of the Evaluation Material by Receiver.

TRADEMARKS

Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the website, including the Western Retail Properties, LLC, are registered and/or unregistered common law trademarks of Western Retail Properties, LLC. The trademarks of third parties may also be displayed on this Web site. Nothing contained in this website should be construed as granting, by implication or otherwise, any license or right to use any Trademarks displayed on the website without the express written permission of Western Retail Properties, LLC or any third party that may own the Trademarks displayed on the site. Any unauthorized use of the Trademarks or any other images or content on this website, except as authorized in these Terms and Conditions, is strictly prohibited.

DISCLAIMER

The text, images and content on the website are provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. Western Retail Properties, LLC assumes no responsibility, and shall not be liable for any damage to or viruses that may infect your computer equipment or other property on account of your use of the site or your downloading of any text, images or content from the website.

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