Item A: Beam Development Purchase and Sale Agreement Terms

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14. A’R;RI. In the event of a breach by Buyer GENCYS EMEDIES EVERSIONARY NTEREST after Closing of Buyer’s covenants and representations contained in Section 13, Seller shall have the choice to: (a) pursue any remedy available to it at law or equity, or (b) give notice to Buyer that the conditions have not been met and that Agency’s right of re-entry is being invoked causing title to the Property to transfer back to Seller. FCC. 14.1 If, after Closing, Buyer fails to obtain AILURE TO OMMENCE ONSTRUCTION the required Certificate of Commencement on or before May 1, 2009 (or a later date if Buyer has requested an extension pursuant to Section 13.5.1), then Seller may demand in writing that Buyer cure such default within thirty (30) days. If Buyer does not cure the default within the thirty (30) day period (or in the case that such default is not curable within said thirty (30) day period, if Buyer shall have not commenced and be diligently pursuing such cure to completion), then such action or inaction shall create in Seller the following remedies, which remedies shall be exclusive of any other granted to Seller: CS;NT;QC 14.1.1 ONDITION UBSEQUENT OTICE OF ERMINATION UIT LAIM D. The right to re-enter and take possession of the Property, and to terminate (and EED revest in Seller) the estate conveyed by the Deed to the Property, terminate Buyer’s right to finish redevelopment of the Property, and resell the Property pursuant to this Section 14 hereof, it being the intent of this provision together with other provisions of this Agreement, that the conveyance of the Property to Buyer shall be made upon, and that the Deed to the Property shall provide for, a condition subsequent to the effect that in the event of default by Buyer and failure of Buyer to remedy, end or abrogate such default, within the period and in the manner stated, then Seller, at its option, may upon thirty (30) days written notice (hereinafter “Notice of Termination”) to Buyer and the Escrow Agent declare a termination in favor of Seller of the title, and of all the rights and interest in the Property and all the title and rights and interest in the Property conveyed to Buyer and any assigns or successors in interest shall be reconveyed to Seller by the Quit Claim Exhibit C Deed, pursuant to the Escrow Instructions for Quit Claim Deed in . TB’WP. 14.1.2 Buyer shall provide Seller RANSFER OF UYERS ORK RODUCT with any work product produced by any third parties for Buyer, if allowed pursuant to Buyer’s contracts with such third parties, for Seller’s use. SR. 14.1.3 If title to the Property shall revest in Seller in ELLER ESALE accordance with this Section 14, Seller may, at its option, undertake such actions deemed by Seller as reasonably necessary to protect the Property from the elements or other dangers, and shall, pursuant to its responsibilities under Oregon Revised Statutes, and the Code, use its best efforts consistent with prudent business practices and generally in accordance with the terms of this Agreement to resell at a reasonable price, the Property as soon and in such a manner as Seller shall find feasible and consistent with the objectives of such laws, to a qualified and responsible party or parties (as determined by Seller in its sole discretion) who will assume the obligation of making or completing the improvements or such other improvements in their stead as shall be satisfactory to Seller. Upon such resale, the proceeds thereof shall be applied as follows: Page 20 - PURCHASE AND SALE AGREEMENT – DRAFT #3 (20 May 2008)