APPLICATION OF EXHIBIT Sample Clauses

APPLICATION OF EXHIBIT. Capitalized terms used and not otherwise defined herein shall have the same definitions as set forth in the Amendment. The provisions of this Work Letter shall apply to the planning and completion of leasehold improvements requested by Tenant (the "Expansion Improvements") for the fitting out of the Expansion Space, as more fully set forth herein. The Expansion Space consists of 48,179 square feet of warehouse space. All references in the Lease (other than Paragraph 1 and Exhibit D to the Lease) to Tenant Improvements shall be deemed to include the Expansion Improvements.

APPLICATION OF EXHIBIT. This Exhibit is a Contract Document and is intended to supplement (1) the Consultant Agreement between the Massachusetts Port Authority (“Authority”) and the Authority’s Prime Design Consultant (“Consultant”) and (2) the Preconstruction Services Agreement and the Construction Services Agreement between the Authority and its Construction Manager (“CM”). References herein to the “Project Team” refers to representatives of the Authority, the Consultant, and the CM (as applicable depending on the phase of the Project).

APPLICATION OF EXHIBIT. This Exhibit is a Contract Document and is intended to supplement both the design services agreement (“Design Agreement”) between the Massachusetts Port Authority (“Owner”) and the Owner’s Prime Design Consultant (“Designer”) as well as the construction services agreement (“Construction Agreement”) between Owner and its General Contractor or Construction Manager (collectively “Constructor”). It is also intended that this Exhibit will apply to all Project Participants who receive Digital Data throughout the Project’s development. Project Participants may be required to verify that they have incorporated this Exhibit into their respective agreements and have likewise agreed to the most recent version of the Project’s BIMxP. In the event a Party (the “Failing Party”), fails to incorporate this Exhibit into its agreement(s) with any other Project Participant, the Failing Party agrees, to the extent permitted by law, to defend, indemnify and hold harmless all other Project Participants and Third-Parties who sustain loss or damage as a direct result of the Failing Party’s failure to incorporate this Exhibit into said agreement(s), provided that the injured party: (1) was not aware of the existence of this Exhibit, and (2) used the Digital Data in a reasonable manner.