Common use of Additional Land Clause in Contracts

Additional Land. (a) If the Non-Proposing Party consents (or is deemed to consent) to a Proposed Variation which proposes to vary the area of the Extension Land to include any Additional Land, then, subject to clause 3.4(b), the Landholder must, at its cost, use its reasonable endeavours to secure the Additional Land Interest in respect of that Additional Land which is most appropriate having regard to the nature and extent of the Proposed Variation. (b) The Landholder is not obliged to secure the Additional Land Interest in respect of the Additional Land where: (i) having used such reasonable endeavours it is not able to obtain all Authority Approvals necessary for the acquisition of the Additional Land Interest or for the use of the Additional Land Interest as part of the Extension Land; or (ii) the Additional Land Interest must be acquired from or granted by a third party if: (A) it has been determined by the Access Regulator that the cost of the Landholder securing the Additional Land Interest will be included in the Regulated Asset Base, or the Trustee has indemnified the Landholder in respect of the cost of securing the Additional Land Interest, and the Landholder is not able to secure the Additional Land Interest on any terms, except that any terms as to cost must be consistent with the determination or indemnification (as the case may be), having undertaken bona fide arm's length negotiations with the third party to do so; or (B) in circumstances where there has been no determination or indemnification as contemplated under clause 3.4(b)(ii)(A), the Landholder is not able to secure the Additional Land Interest on reasonable commercial terms having undertaken bona fide arm's length negotiations with the third party to do so. (c) The Landholder must afforded the Trustee the opportunity to attend and contribute to the negotiations referred to in clause 3.4(b)(ii)(B). (d) If Aurizon Network secures an Additional Land Interest in respect of Additional Land under this clause 3.4, then the Extension Land will be varied to include the Additional Land on the date the Landholder secures the Additional Land Interest. (a) Promptly following a variation to the Extension Land under this clause 3.4, the Landholder must give the Trustee a revised version of schedule 1 which incorporates that variation and that revised version of schedule 1 is taken to replace the existing schedule 1.

Additional Land. At any time during the Term of this Lease (a) If the Non-Proposing Party consents (or is deemed to consent) to a Proposed Variation which proposes to vary the area including Extension Options, if opted), and upon waiver of the Extension Termination Right set forth in Paragraph 14.1, Tenant shall have the right to require Landlord to use its best efforts to acquire the land described upon Exhibit F attached hereto and made a part hereof (the "Land Option"), consisting of approximately one-half (1/2) acre (the "Excess Land"). The Land Option shall be exercised by Tenant by providing written notice to include any Additional Landlord of the exercise of such option in accordance with Section 15.4 hereof, and within said notice, Tenant shall set forth the terms and conditions acceptable to Tenant upon which Landlord shall use its best efforts to commence negotiations with the owner of the Excess Land, thenincluding, subject to clause 3.4(b)but not limited to, purchase price, closing costs, financing alternatives, closing date, etc. Within fifteen (15) days of receipt of notice, -22- Landlord shall commence negotiations with the Landholder must, at its cost, use its reasonable endeavours to secure the Additional Land Interest in respect of that Additional Land which is most appropriate having regard to the nature and extent owner of the Proposed Variation. (b) The Landholder is subject property, in conjunction with a representative of Tenant. At any time during the course of negotiations for the Excess Land, Tenant shall have the right, but not obliged the obligation, to secure the Additional Land Interest withdraw its exercise of option, should Tenant, in respect Tenant's sole discretion, determine that continuance of the Additional negotiations would not result in an acceptable closing of the purchase of the Excess Land. In such event, Tenant shall reimburse Landlord for any reasonable expenses actually incurred. Such withdrawal of Tenant's exercise of this Land where: Option shall not prejudice Tenant's right to exercise this Land Option again at a later date. Landlord shall not execute any purchase agreement regarding the Excess Land unless Tenant has approved such purchase agreement in writing or unless such purchase agreement is expressly contingent upon Tenant's written approval thereof. In addition, Landlord shall not modify or waive any of the terms, conditions or contingencies contained in such approved purchase agreement without the express written consent of Tenant. Notwithstanding any other term or conditions as contained within this Section 14, in the event Landlord and the owner of the Excess Land are unable to reach an agreement relative to purchase of the Excess Land within six (i6) having used such reasonable endeavours it months of the date of notice of Tenant's exercise of option, Tenant's Land Option shall expire, and Landlord shall have no further obligation to negotiate for the purchase of the Excess Land. If Landlord is not able to obtain all Authority Approvals necessary for successful in the acquisition of the Additional Excess Land Interest or for in accordance with the use terms of the Additional Land Interest as part purchase agreement with respect thereto approved by Tenant, the rent to be paid by Tenant shall be determined by taking 100% of the Extension actual costs of acquisition of the Excess Land; or , plus reasonable and directly applicable soft costs, i.e., subdivision fees, attorney fees, survey and engineering costs, broker's fees, etc. (iithe "Excess Land Cost"), plus an overhead fee of fifteen percent (15%) of the Additional Excess Land Cost, and applying the loan constant equal to the Interest must Rate fixed as of the date of the acquisition of the Excess Land amortized over a period of twenty-five (25) years. Upon acquisition of the Excess Land, Landlord and Tenant shall enter into an amendment to this Lease setting forth the commencement date relative to the addition of the Excess Land to the definition of the Land, the increase of monthly rental, and any other applicable terms and conditions. Upon adding the Excess Land to the definition of the Land, the Term of this Lease shall be for a period of not less than ten (10) years. For example, should the Excess Land be acquired from or granted by a third party if: (A) it has been determined by during the Access Regulator that the cost fourth year of the Landholder securing the Additional Land Interest will be included in the Regulated Asset Baseinitial Term, or the Trustee has indemnified the Landholder in respect Tenant would have to exercise its first Extension Option so that upon acquisition of the cost of securing the Additional Land Interest, and the Landholder is not able to secure the Additional Land Interest on any terms, except that any terms as to cost must be consistent with the determination or indemnification (as the case may be), having undertaken bona fide arm's length negotiations with the third party to do so; or (B) in circumstances where there has been no determination or indemnification as contemplated under clause 3.4(b)(ii)(A)Excess Land, the Landholder Term of the Lease would be -23- greater than ten (10) years. If, after exercising the first or second Extension Option, the Term of the Lease is not able less than ten (10) years, the Term shall be adjusted within the amendment to secure the Additional Land Interest on reasonable commercial terms having undertaken bona fide arm's length negotiations with the third party to do so. (c) The Landholder must afforded the Trustee the opportunity to attend and contribute to the negotiations referred to in clause 3.4(b)(ii)(B). (d) If Aurizon Network secures provide for an Additional Land Interest in respect of Additional Land under this clause 3.4, then the Extension Land will be varied to include the Additional Land ending date on the date last day of the Landholder secures month in which the Additional tenth anniversary of the delivery of possession of the Excess Land Interestoccurs. (a) Promptly following a variation to the Extension Land under this clause 3.4, the Landholder must give the Trustee a revised version of schedule 1 which incorporates that variation and that revised version of schedule 1 is taken to replace the existing schedule 1.

Additional Land. (a) If Where the Non-Proposing Party consents (or is deemed to consent) to a Proposed Variation which proposes requires the Landholder to vary the area of the Extension secure an Additional Land to include any Additional LandInterest, then, subject to clause 3.4(b), then the Landholder must, at its cost, use its reasonable endeavours to secure the Additional Land Interest in respect of that Additional Land which is most appropriate having regard to the nature and extent of the Proposed Variation. (b) The Landholder is not obliged to secure the Additional Land Interest in respect of the Additional Land where: (i) having used such reasonable endeavours it is not able to obtain all Authority Approvals necessary for the acquisition of the Additional Land Interest or for the use of the Additional Land Interest as part of the Extension Land; or (ii) the Additional Land Interest must be acquired from or granted by a third party if: (A) it has been determined by the Access Regulator that the cost of the Landholder securing the Additional Land Interest will be included in the Regulated Asset Base, or the Trustee has indemnified the Landholder in respect of the cost of securing the Additional Land Interest, and the Landholder is not able to secure the Additional Land Interest on any terms, except that any terms as to cost must be consistent with the determination or indemnification (as the case may be), having undertaken bona fide arm's length negotiations with the third party to do so; or (B) in circumstances where there has been no determination or indemnification as contemplated under clause 3.4(b)(ii)(A), the Landholder is not able to secure the Additional Land Interest on reasonable commercial terms having undertaken bona fide arm's length negotiations with the third party to do so. (c) The Landholder must afforded the Trustee the opportunity to attend and contribute to the negotiations referred to in clause 3.4(b)(ii)(B). (d) If Aurizon Network secures an Additional Land Interest in respect of Additional Land under this clause 3.4, then the Extension Land will be varied to include the Additional Land on the date the Landholder secures the Additional Land Interest. (a) Promptly following a variation to the Extension Land under this clause 3.4, the Landholder must give the Trustee a revised version of schedule 1 which incorporates that variation and that revised version of schedule 1 is taken to replace the existing schedule 1.