Common use of Lease of the Project Clause in Contracts

Lease of the Project. (a) The date upon which the Lessee receives the Final Advance (as defined in the Agreement for Lease) under the Agreement for Lease, shall be the "Effective Date". From and after the Effective Date, and during the Initial Term and any Extended Term and any Renewal Term, the Lessor does hereby lease the Project (including a sublease of the Lessor's interest in the Premises) to the Lessee and the Project and the rights and obligations of the Lessor and the Lessee shall be governed by this Lease and not the Agreement for Lease, except to the extent otherwise expressly provided in this Lease and the Agreement for Lease. On the Effective Date, the Lessee shall be deemed to have certified that all representations and warranties of the Lessee contained in this Lease are true and correct in all material respects on and as of the Effective Date. As provided in the Agreement for Lease, on the Effective Date, the Acquisition Cost and the Adjusted Acquisition Cost shall be adjusted, if necessary, to reflect (i) the Completion Amount advanced to the Lessee under the Agreement for Lease and (ii) the Retention, if any. (b) Up to six (6) months after the Final Advance (as defined in the Agreement for Lease), the Lessee may request a Completion Advance under the Agreement for Lease by delivering a Certificate of Increased Cost (as defined in the Agreement for Lease) to the Lessor and otherwise complying with the terms of Section 7 of the Agreement for Lease. On or before the fifth Business Day prior to the date upon which the Lessee receives the Final Advance (as defined in the Agreement for Lease), the Lessee shall designate the Completion Amount. After such designation the aggregate amount of the Completion Advance shall not exceed the Completion Amount. The provisions of paragraph (b) of subsection 2.3 and Section 7 of the Agreement for Lease shall govern (i) the designation of the Completion Amount, (ii) the making of the Completion Advance and (iii) any adjustments to the Acquisition Cost and the Adjusted Acquisition Cost occasioned thereby. At the time the Completion Advance is made, the Lessee shall be deemed to have certified that all representations and warranties of the Lessee contained in this Lease are true and correct in all material respects on and as of such date.

Lease of the Project. (a) The date upon which When the Lessee receives requirements for Substantial Completion can be satisfied by Agent, Agent shall deliver to Owner and Assignee the Certificate of Substantial Completion, and Agent shall request the Final Advance which, subject to the provisions of paragraph (as defined in the Agreement for Leaseb) under the Agreement for Leaseof this subsection 2.3, shall be sufficient to provide for payment of all the "Effective Date"costs of constructing the Project and completing any open punch list items (other than those certain specifically identified and quantified costs that are not yet due to the General Contractor and which will be included as part of the Completion Advance, provided that the Available Commitment remaining after the Final Advance is equal to or exceeds the aggregate amount of all such identified and quantified costs). From By delivery of the Certificate of Substantial Completion, Agent evidences the acceptability of the Project for lease by Agent under the Lease. If the conditions set forth in Section 6 hereof have been satisfied in the reasonable judgment of Owner and after Assignee, Owner, within ten (10) Business Days of receipt of the Certificate of Substantial Completion, shall make the Final Advance. Execution and delivery by Agent of the Certificate of Substantial Completion shall constitute (i) acknowledgment by Agent that the Project has been accepted for lease by Agent as of the Effective Date, and during the Initial Term and any Extended Term and any Renewal Term, the Lessor does hereby lease (ii) acknowledgment by Agent that the Project (including a sublease is subject to all of the Lessor's interest in the Premises) to the Lessee covenants, terms and the Project and the rights and obligations conditions of the Lessor and the Lessee shall be governed by this Lease and not the Agreement for Lease, except to and (iii) certification by Agent that the extent otherwise expressly provided in this Lease and the Agreement for Lease. On the Effective Date, the Lessee shall be deemed to have certified that all representations and warranties contained in Section 2 of the Lessee contained in this Lease are true and correct in all material respects on and as of the Effective Date. As provided Date as though made on and as of such date and that there exists on such date no (1) Event of Default hereunder, Event of Default (as defined in the Agreement Lease), Event of Loss, Termination Event or Event of Project Termination or (2) Potential Default hereunder, Potential Default (as defined in the Lease) or Potential Event of Project Termination. In connection with the Final Advance, Owner, within five (5) Business Days of receipt of a request for Leasesuch Final Advance and upon Agent's satisfaction of the conditions to such advance to the reasonable satisfaction of Owner and Assignee, on the Effective Date, shall adjust the Acquisition Cost and the Adjusted Acquisition Cost shall be adjusted, if necessary, (as defined in the Lease) to reflect (i) the Completion Amount advanced to the Lessee under the Agreement for Lease Agent hereunder and (ii) the Retention, if any. The making of the Completion Advance in the circumstances contemplated by this paragraph (a) shall be governed by paragraph (b) of this subsection 2.3. (b) Up Subject to the terms of subsection 2.2 and 3.1 hereof, up to six (6) months after the Final Advance (as defined in the Agreement for Lease)has been made, the Lessee may request a Completion Advance under the Agreement for Lease Agent may, by delivering a Certificate of Increased Cost (as defined in Cost, request the Agreement for Lease) to the Lessor and otherwise complying with the terms of Section 7 of the Agreement for LeaseCompletion Advance. On or before the fifth Business Day prior to the date upon which the Lessee Agent receives the Final Advance (as defined in the Agreement for Lease)Advance, the Lessee Agent shall designate the Completion Amount. After such designation the aggregate amount of the Completion Advance shall not exceed the Completion Amount. The provisions of paragraph (b) of subsection 2.3 and Section 7 of the Agreement for Lease shall govern (i) the Agent's designation of the Completion Amount, (ii) Amount shall be accompanied by a detailed calculation of the making Completion Amount which shall be satisfactory to Owner and Assignee and which shall reflect all Unreimbursed Project Costs for which Agent expects to seek reimbursement hereunder after the Final Advance less the proceeds that Agent expects to receive from the disposition of excess construction materials. The Completion Amount shall in no event exceed the aggregate amount of the Completion Advance that Agent is entitled to receive under the terms hereof. If no Completion Amount is designated as hereinabove provided, no Completion Advance will be made. Each Certificate of Increased Cost shall reflect all Unreimbursed Project Costs designated by Agent for payment by the Completion Advance and all costs incurred by Agent since the last advance to complete the Project. In the event that the aggregate amount of the Completion Advance made is less than the Completion Amount, on the day that is six (iii6) any adjustments to months after the Acquisition Cost and date of the Final Advance, the Adjusted Acquisition Cost occasioned thereby. At (as defined in the time Lease) shall be reduced by the difference between the Completion Amount and the aggregate amount of the Completion Advance is made. The amount of any proceeds from the disposition of excess construction materials that exceeds the amount for such disposition included in the calculation of the Completion Amount shall reduce the amount of the Completion Advance made by the amount of such excess, or, if the amount of such excess exceeds the Completion Amount, shall be paid to Owner. If any amounts are paid to Owner pursuant to the preceding sentence, the Lessee amount so paid shall be deemed added to have certified that all representations and warranties the decrease of the Lessee contained in this Lease are true and correct in all material respects on and as of such dateAdjusted Acquisition Cost pursuant to the second preceding sentence.

Lease of the Project. (a) The date upon which When the Lessee receives requirements for Substantial Completion have been satisfied by Agent, Agent shall deliver to Owner and Assignee the Certificate of Substantial Completion, and Agent shall request the Final Advance which, subject to the provisions of paragraph (as defined in the Agreement for Leaseb) under the Agreement for Leaseof this subsection 2.3, shall be sufficient to provide for payment of all the "Effective Date"costs of constructing the Project and completing any open punch list items (other than those certain specifically identified and quantified costs that are not yet due to the General Contractor and which will be included as part of a Completion Advance, provided that the Available Commitment remaining after the Final Advance is equal to or exceeds the aggregate amount of all such identified and quantified costs). From By delivery of the Certificate of Substantial Completion, Agent evidences the acceptability of the Project for lease by Agent under the Lease. If the conditions set forth in Section 6 hereof have been satisfied, Owner, within ten (10) Business Days of receipt of the Certificate of Substantial Completion, shall make the Final Advance. Execution and after delivery by Agent of the Certificate of Substantial Completion shall constitute (i) acknowledgment by Agent that the Project has been accepted for lease by Agent as of the Effective Date, and during the Initial Term and any Extended Term and any Renewal Term, the Lessor does hereby lease (ii) acknowledgment by Agent that the Project (including a sublease is subject to all of the Lessor's interest in the Premises) to the Lessee covenants, terms and the Project and the rights and obligations conditions of the Lessor and the Lessee shall be governed by this Lease and not the Agreement for Lease, except to and (iii) certification by Agent that the extent otherwise expressly provided in this Lease and the Agreement for Lease. On the Effective Date, the Lessee shall be deemed to have certified that all representations and warranties contained in Section 2 of the Lessee contained in this Lease are true and correct in all material respects on and as of the Effective Date. As provided Date as though made on and as of such date and that there exists on such date no (1) Event of Default, Event of Default (as defined in the Agreement for Lease), on Event of Loss, Event of Project Termination or Termination Event, or (2) Potential Default, Potential Default (as defined in the Effective Date, the Acquisition Cost and the Adjusted Acquisition Cost shall be adjusted, if necessary, to reflect (iLease) the Completion Amount advanced to the Lessee under the Agreement for Lease and (ii) the Retention, if anyor Potential Event of Project Termination. (b) Up Subject to the terms of subsection 3.1 hereof, up to six (6) months after the Final Advance (as defined in the Agreement for Lease)has been made, the Lessee may request a Completion Advance under the Agreement for Lease Agent may, by delivering a Certificate or Certificates of Increased Cost (as defined in the Agreement for Lease) to the Lessor and otherwise complying with the terms of Section 7 of the Agreement for LeaseCost, request Completion Advances. On or before the fifth Business Day prior to the date upon which the Lessee Agent receives the Final Advance (as defined in the Agreement for Lease)Advance, the Lessee Agent shall designate the Completion Amount. After such designation the aggregate amount of the all Completion Advance Advances shall not exceed the Completion Amount. The provisions of paragraph (b) of subsection 2.3 and Section 7 Agent's designation of the Agreement for Lease Completion Amount shall govern (i) the designation be accompanied by a calculation of the Completion Amount, which shall reflect all Unreimbursed Project Costs for which Agent expects to seek reimbursement hereunder after the Final Advance less the proceeds, if any, that Agent expects to receive from the disposition of excess construction materials. The Completion Amount shall in no event exceed the aggregate amount of Completion Advances that Agent is entitled to receive under the terms hereof. If no Completion Amount is designated as hereinabove provided, no Completion Advances will be made. Each Certificate of Increased Cost shall reflect all Unreimbursed Project Costs designated by Agent for payment by such Completion Advances, all costs incurred by Agent since the last advance to complete the Project, all costs incurred by Agent to discharge all retentions and to dispose of excess construction materials and all proceeds received by Agent since the last advance hereunder from the disposition of excess construction materials. In the event that the aggregate amount of Completion Advances made is less than the Completion Amount, on the day that is six (ii6) months after the making date of the Completion Advance and (iii) any adjustments Final Advance, Exhibit D to the Acquisition Cost and Lease shall be amended to decrease the Adjusted Acquisition Cost occasioned thereby. At (as defined in the time Lease) by the difference between the Completion Advance is Amount and the aggregate amount of Completion Advances made. The amount of any proceeds from the disposition of excess construction materials that exceeds the amount for such disposition included in the calculation of the Completion Amount shall reduce the amount of Completion Advances made by the amount of such excess, or, if the amount of such excess exceeds the Completion Amount, shall be paid to Owner. If any amounts are paid to Owner pursuant to the preceding sentence, the Lessee amount so paid shall be deemed added to have certified that all representations and warranties the decrease of Adjusted Acquisition Cost reflected on Exhibit D to the Lessee contained Lease pursuant to the second preceding sentence. Nothing in this Lease subsection 2.3 shall relieve the General Contractor or any other contractor or subcontractor which are true and correct in all material respects on and as party to any contracts for the purchase of such dategoods or services relating to the Project of any of its respective obligations thereunder.

Lease of the Project. (a) The date upon which the Lessee receives the Final Advance (as defined in the Agreement for Lease) under the Agreement for Lease, Lease shall be the "Effective Date". Prior to the Effective Date, the Project and the rights and obligations (including all rights and obligations arising under paragraphs (a) and (b) of Section 11 hereof) of the Lessor and the Lessee shall be governed only by the Agreement for Lease. From and after the Effective Date, and during the Initial Term and any Extended Term and any Renewal Term, the Lessor does hereby lease the Project (including a sublease of the Lessor's interest in the Premises) to the Lessee for the Lease Term and any Renewal Term and the Project and the rights and obligations of the Lessor and the Lessee shall be governed by this Lease and not the Agreement for Lease, except to the extent otherwise expressly provided in this Lease and the Agreement for Lease. On the Effective Date, the Lessee shall be deemed to have certified that all representations and warranties of the Lessee contained in this Lease are true and correct in all material respects on and as of the Effective Date. As provided in paragraph (i) of Section 6 of the Agreement for Lease, on the Effective Date, the Acquisition Cost and the Adjusted Acquisition Cost Exhibit D to this Lease shall be adjustedamended, if necessary, to reflect (i) the Completion Amount advanced to the Lessee under the Agreement for Lease and (ii) the Retention, if any. (b) Up to six (6) months after the Final Advance (as defined in the Agreement for Lease), the Lessee may request a Completion Advance Advances under the Agreement for Lease by delivering a Certificate of Increased Cost (as defined in the Agreement for Lease) to the Lessor and otherwise complying with the terms of Section 7 of the Agreement for Lease. On or before the fifth Business Day prior to the date upon which the Lessee receives the Final Advance (as defined in the Agreement for Lease), the Lessee shall designate the maximum aggregate amount of all Completion Advances to be requested hereunder (the "Completion Amount"). After such designation the aggregate amount of the all Completion Advance Advances shall not exceed the Completion Amount. The provisions of paragraph (b) of subsection 2.3 2.3, paragraph (d) of subsection 3.3 and Section 7 of the Agreement for Lease shall govern (i) the designation of the Completion Amount, (ii) the making of the Completion Advance Advances and (iii) any adjustments amendments to the Acquisition Cost and the Adjusted Acquisition Cost Exhibit D to this Lease occasioned thereby. At the time the each Completion Advance is made, the Lessee shall be deemed to have certified that all representations and warranties of the Lessee contained in this Lease are true and correct in all material respects on and as of such date.