Common use of Demising Walls Clause in Contracts

Demising Walls. The Initial Plans do not set forth the location of demising walls between the Tenant Spaces or between the Tenant Spaces and the Common Elements of the Phase II Mall (the "DEMISING WALLS"), which have not yet been finally determined. The location of the Demising Walls shall be determined jointly by Mall II Buyer and Developer as the parties identify Tenants for the retail and restaurant Tenant Spaces in two stages, described as follows: (i) Upon final determination of the Common Area Plans by the parties, Mall II Buyer and Developer shall negotiate expeditiously and in good faith to develop a plan for the location of the Demising Walls that is consistent with the Initial Plans and/or the Final Construction Drawings and Specs, if the same have been agreed upon, identifying whether each Tenant Space will be occupied by a restaurant or retail tenant, showing the specifications and points of connection with the Tenant Space of all utilities required for each such Tenant Space and identifying the location of smoke walls (as the same may be modified in accordance with this Agreement, the "INITIAL DEMISING WALL PLAN"). Mall II Buyer and Developer shall agree upon an Initial Demising Wall Plan no later than six (6) months after the date of execution of this Agreement. In the event that Mall II Buyer and Developer, despite good faith efforts, have not agreed upon an Initial Demising Wall Plan by such date, the same shall constitute a Construction Delay (the duration of which shall be one (1) day for each day after said six (6) month period that the parties shall have failed to agree on an Initial Demising Wall Plan). (ii) Upon the final determination of the Initial Demising Wall Plan, Mall II Buyer and Developer shall negotiate expeditiously and in good faith to supplement the same to show the location, consistent with the Initial Plans, of all Demising Walls (as the same may be modified in accordance with this Agreement, the "FINAL DEMISING WALL PLAN"). Mall II Buyer and Developer shall agree upon a Final Demising Wall Plan no later than one (1) year after the date of execution of this Agreement. In the event that Mall II Buyer and Developer, despite good faith efforts, have not agreed upon a Final Demising Wall Plan by such date, the same shall constitute a Construction Delay (the duration of which shall be one (1) day for each day after said one (1) year period that the parties have failed to agree on a Final Demising Wall Plan).

Demising Walls. The Initial Plans do not set forth the location of demising walls between the Tenant Spaces or between the Tenant Spaces and the Common Elements of the Phase II Mall (the "DEMISING WALLSDemising Walls"), which have not yet been finally determined. The location of the Demising Walls shall be determined jointly by Mall II Buyer and Developer as the parties identify Tenants for the retail and restaurant Tenant Spaces in two stages, described as follows: (i) Upon final determination of the Common Area Plans by the parties, Mall II Buyer and Developer shall negotiate expeditiously and in good faith to develop a plan for the location of the Demising Walls that is consistent with the Initial Plans and/or the Final Construction Drawings and Specs, if the same have been agreed upon, identifying whether each Tenant Space will be occupied by a restaurant or retail tenant, showing the specifications and points of connection with the Tenant Space of all utilities required for each such Tenant Space and identifying the location of smoke walls (as the same may be modified in accordance with this Agreement, the "INITIAL DEMISING WALL PLANInitial Demising Wall Plan"). Mall II Buyer and Developer shall agree upon an Initial Demising Wall Plan no later than six (6) months after the date of execution of this Agreement. In the event that Mall II Buyer and Developer, despite good faith efforts, have not agreed upon an Initial Demising Wall Plan by such date, the same shall constitute a Construction Delay (the duration of which shall be one (1) day for each day after said six (6) month period that the parties shall have failed to agree on an Initial Demising Wall Plan). (ii) Upon the final determination of the Initial Demising Wall Plan, Mall II Buyer and Developer shall negotiate expeditiously and in good faith to supplement the same to show the location, consistent with the Initial Plans, of all Demising Walls (as the same may be modified in accordance with this Agreement, the "FINAL DEMISING WALL PLANFinal Demising Wall Plan"). Mall II Buyer and Developer shall agree upon a Final Demising Wall Plan no later than one (1) year after the date of execution of this Agreement. In the event that Mall II Buyer and Developer, despite good faith efforts, have not agreed upon a Final Demising Wall Plan by such date, the same shall constitute a Construction Delay (the duration of which shall be one (1) day for each day after said one (1) year period that the parties have failed to agree on a Final Demising Wall Plan).