Basis of Adjustments. The contingency costs incurred by CM/GC under Article 4.4.5 shall be reimbursable to CM/GC from the Construction Contingency. The amount of the Construction Contingency shall be increased by the net amount of (i) the aggregate by which Trade Contracts entered by CM/GC are less than line item amounts stated in CM/GC's construction budget for each particular Trade Contract less (ii) the aggregate amount by which Trade Contracts entered by CM/GC exceeds the line item amount stated in CM/GC's construction budget for each particular Trade Contract. All net amounts saved, if any, shall be added to the existing Construction Contingency amount and shall be available for all purposes permitted under Article 4.4.

Basis of Adjustments. All benefits and obligations of every kind and nature payable or paid and received or receivable in respect of the Assets, including without limitation, maintenance, development, operating and capital costs and the proceeds for the sale of production, shall, except as otherwise provided herein, be apportioned between Vendor and Purchaser as of the Effective Date. Costs and expenses for work done, services provided and goods and services supplied shall be deemed to accrue for the purposes of this Article when the work is done and the goods or services are provided, regardless of when such costs and expenses become payable.

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Basis of Adjustments. All benefits and obligations of every kind and nature payable or paid and received or receivable in respect of the Assets, including without limitation, royalty payments, maintenance, development, operating and capital costs and the proceeds for the sale of production, shall, except as otherwise provided herein, be apportioned between Vendor and Purchaser as of the respective Effective Date. Costs and expenses accruing between the First and Second Closing Dates will be apportioned equally between Purchaser and Vendor. Costs and expenses for work done, services provided and goods and services supplied shall be deemed to accrue for the purposes of this Article when the work is done and the goods or services are provided, regardless of when such costs and expenses become payable.

Basis of Adjustments. 9.2.1 If the Closing shall occur before a new real estate or personal property tax rate is fixed, the apportionment of taxes at the Closing shall be upon the basis of the old tax rate for the preceding fiscal year applied to the latest assessed valuation. Promptly after the new tax rate is fixed, the apportionment of taxes shall be recomputed and any discrepancy resulting from such recomputation and any errors or omissions in computing apportionments at Closing shall be promptly corrected and the proper party reimbursed. 9.2.2 If on the Closing Date any tenant is in arrears in the payment of Rent or has not paid the Rent payable by it for the month in which the Closing occurs (whether or not it is in arrears for such month on the Closing Date), any Rent received by Operating Partnership or Philips Parties from such tenant after the Closing shall be applied first, to all Rent due and payable by such tenant during the month in which the Closing occurs; thereafter, Philips Parties shall not be entitled to any further Rent unless and until such tenant is current with Operating Partnership or its designee on all post-Closing Rent. 9.2.3 In the event that there remains any unpaid tenant receivable other than Rent (including without limitation any CAM, escalation charges for real estate taxes, parking charges, operating expenses, maintenance escalation rents or charges, insurance expenses, percentage rent payments, cost of living increases or other charges of a similar nature (collectively, "Additional Rent")) for any period prior to the Closing, all such receivable payments received from any tenant in arrears shall be applied to any Additional Rent owed Operating Partnership from such tenant before any part thereof shall be treated as belonging to Philips Parties. In the event that Operating Partnership or its designee receives a tenant receivable for which Limited Partner received a credit at the Closing, such receivable (to the extent that Limited Partner received a credit at Closing) shall all be promptly payable to Philips Parties, regardless of whether or not such Tenant is current with Operating Partnership.

Basis of Adjustments. Any adjustments pursuant to the aforesaid provisions of this Section 11 shall be made on the basis of the number of Warrant Shares which the Holder thereof would have been entitled to acquire by the exercise of the Warrant immediately prior to the event giving rise to such adjustment.

Basis of Adjustments. Except with respect to any costs and expenses of drilling and completing any Well by Seller as more fully described in Section 3.4(c), the Adjustment Statement shall be based upon actual information available to Seller at the time of its preparation. There shall be attached to the Adjustment Statement such supporting documentation and other data as is reasonably necessary to provide a basis for the Net Cash Flow or as may be reasonably requested by Buyers.

Basis of Adjustments. The contingency costs incurred by CMGC under Section 7.4.3 shall be reimbursable to CMGC from the Construction Contingency. The amount of the Construction Contingency shall be increased by the net amount of (i) the aggregate by which Subcontracts entered into by CMGC are less than line-item amounts stated in Construction Budget for each Subcontract, less (ii) the aggregate amount by which Subcontracts entered by the CMGC exceeds the line-item amount stated in the Construction Budget for each Subcontract. All net amounts saved, if any, shall be added to the existing Construction Contingency amount and shall be available for all purposes permitted under Sections 7.4.3, but subject to the conditions in Section 7.4.4. 7.4.5.2 Limitations on Adjustments 7.4.5.2.1 CMGC Self-Performed Work Claims for adjustments to the Construction Contingency account that arise from portions of the Work self-performed by the CMGC under Section 8.3 of this Agreement shall be governed by Section 14 of this Agreement.

Basis of Adjustments. The contingency costs incurred by Construction Manager under Article 1.5.5 shall be reimbursable to Construction Manager from the Construction Contingency component of the GMP Change Order. The amount of the Construction Contingency shall be increased by the net amount of (i) the aggregate by which Trade Contracts entered by Construction Manager are less than line item amounts stated in Construction Manager's construction budget for each particular Trade Contract less (ii) the aggregate amount by which Trade Contracts entered by Construction Manager exceeds the line item amount stated in Construction Manager's construction budget for each particular Trade Contract. All net amounts saved, if any, shall be added to the existing Construction Contingency amount and shall be available for all purposes permitted under this Article 1.5.6.

Basis of Adjustments. Upon each adjustment of the Exercise Price as a result of the calculations made in Sections 2.1(a) and (b) hereof, each Warrant outstanding immediately prior to the making of such adjustment shall thereafter evidence the right to purchase, at the adjusted Exercise Price, that number of Warrant Shares (calculated to the nearest hundredth) obtained by (a) multiplying the number of Warrant Shares purchasable upon exercise of a Warrant immediately prior to such adjustment of the number of Warrant Shares by the Exercise Price in effect immediately prior to such adjustment of the Exercise Price and (b) dividing the product so obtained by the Exercise Price in effect immediately after such adjustment of the Exercise Price.

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