Building D. Tenant shall have the right to install one (1) building-standard monument sign for Building D in a location reasonably approved by Landlord. The installation, manner of construction, look and quality of any such monument sign installed by Tenant shall be consistent with the existing monuments signs in the Project.
Building D. No later than June 1, 2001, Contributors shall have completed the shell work on Building D located on the Real Property except for these items as listed on Exhibit K. In the event all such conditions have not been satisfied at or prior to the Closing, UPREIT may elect to either waive the unsatisfied condition and proceed to Closing or terminate this Agreement, in which case the Deposit shall be returned to UPREIT and neither party shall have any further obligations hereunder.
Building D. Notwithstanding anything to the contrary contained herein or in the other Loan Documents, Lender acknowledges and agrees that (i) Borrower and North By Northwest Parkside LLC, a Texas limited liability company, (“NXNW”) entered into a Standard Commercial Shopping Center Lease dated July 9, 2012 covering the entire Building D, which was amended by First Amendment to Lease Agreement dated effective July 25, 2013 and by Second Amendment to Lease Agreement dated effective September 13, 2013 (as amended, the “NXNW Lease”). Borrower contemplates entering into a Third Amendment to Lease Agreement (“NXNW Third Amendment”), and pursuant to such NXNW Third Amendment, Tenant will be responsible for the construction of Building D, as well as the tenant finish improvements for the premises, and Tenant will be entitled to an Allowance (as will be defined in the NXNW Third Amendment and as reflected in the Budget) for reimbursement of costs incurred by NXNW for the construction of Building D and the tenant finish improvements therein. Upon (i) execution of the NXNW Third Amendment in form and substance reasonably acceptable to Lender and (ii) request by Borrower, Lender agrees to make Advances to Borrower to pay installments of the Allowance to NXNW as provided in the NXNW Third Amendment, as approved by Lender, so long as Borrower or NXNW satisfy the requirements for an Advance (other than an assignment of Tenant’s construction contract for such work). Lender also acknowledges that Borrower will make a limited assignment of Plans and Specifications for Building D and the Design Services Contract to NXNW to the extent required for NXNW to use 017104 000576 8313483.4 the Plans and Specifications and construction phase services of Design Professional in the construction of Building D.
Building D. If Tenant elects to measure, then Tenant shall cause its licensed architect or building measurement surveyor to calculate the rentable square footage of the Building off the Final Base Building Plans, employing BOMA (to which will be added a proportionate share of Fitness Center as described above), and Tenant’s architect shall give written notice of such calculation and the specifics of such calculations to Landlord and Tenant within forty-five (45) days after Tenant’s receipt of Landlord’s calculation. The parties shall then have ten (10) business days to reach agreement on the actual rentable square footage of the Building, failing which the matter shall be submitted to an architect mutually agreed upon by Landlord and Tenant (the “Measurement Architect”). The rentable square footage of the Building as initially calculated by Landlord, or as agreed to by the parties, or as determined by submission to the Measurement Architect, as applicable, shall thereafter be the rentable area of the Building for all purposes under this Lease (subject to any subsequent actual change in the physical area of the Building arising from a change in the Final Base Building Plans) and the process of arriving at such rentable area shall be referred to below in some cases as the “Initial Measurement of the Building Other Buildings: (a) Those certain buildings currently constructed in the Project (but outside the Property) commonly known as 0000 Xxxxx Xxxxxxxxx (“Building A”), containing approximately 144,499 rentable square feet of space, 0000 Xxxxx Xxxxxxxxx (“Building B”), containing approximately 157,412 rentable square feet of space, and 0000 Xxxxx Xxxxxxxxx (“Building C”), containing approximately 156,889 rentable square feet of space, as such rentable square footage amounts were determined based on BOMA (to which has been added, or subtracted in the case of Building A, a proportionate share of Fitness Center as described above) and, for purposes of this Lease, agreed to contain said number of rentable square feet, and (b) such other buildings as may be built on the Project from time to time.
Building D. Landlord and Tenant hereby agree to reduce the Tenant storage area, identified in the Lease as Bldg D Storage Area, from 922 square feet to 399 square feet. Additionally, Landlord and Tenant hereby agree to remove from the Tenant Premises the first floor room in Building D consisting of 916 square feet. Both modifications are shown and attached hereto as Exhibit A.
