Common use of Separate ownership Clause in Contracts

Separate ownership. It is contemplated that Riverplace II Joint Venture (the "JV") will acquire the New RiverPlace Development from TCR #520 Riverplace Limited Partnership ("TCR"). Until such acquisition occurs, and if such acquisition is never completed, this Agreement will be construed as separate agreements between FirstLink and TCR with respect to the New RiverPlace Development and FirstLink and the JV with respect to the Existing RiverPlace Development, in each case disregarding provisions that are not applicable to the portion of the Development in question. Transfer of the New RiverPlace Development from TCR to the JV may be completed without further consent or approval from FirstLink, and after such transfer is completed, this Agreement will be construed as an agreement solely between FirstLink and the JV with respect to the entire Development. If, prior to acquisition of the New RiverPlace Development by the JV, either TCR or the JV defaults under this Agreement, such default shall not affect the other of them, nor shall FirstLink be entitled to terminate this Agreement with respect to either TCR or the JV on account of a default by the other of them. The JV agrees that it will continue to allow FirstLink to use the System Site and related wiring and cabling running through the Existing RiverPlace Development to service the New RiverPlace Development even if this Agreement is terminated as between FirstLink and the JV.