Contribution Values. The parties acknowledge and agree that the contribution values set out in the Contributions Table are the values in complete, adjusted only according to the CPI formula provided in clause 7.1 only and:
(a) the Developer assumes all cost and risk in relation to the provision and the making of the Contribution, and
(b) All Parties acknowledge and agree that the costs outlined in the Contributions Table is the complete amount payable to the Council. 8 Application of s 7.11, s 7.12 and s 7.24 of the Act to the Development
(a) This agreement does not exclude the application of section 7.11 of the Act to the Development.
(b) This agreement does not exclude the application of section 7.12 of the Act to the Development.
(c) This agreement does not exclude the application of section 7.24 of the Act to the Development.
(d) The benefits under this agreement are not to be taken into consideration in determining a development contribution under section 7.11 of the Act.
Contribution Values. 14 ------------------- 2.2 Capitalization of the Partnership...............................14 --------------------------------- 2.3 Subsequent Closings.............................................15 ------------------- 2.4 Assumption by Partnership of Liabilities........................20 ----------------------------------------
Contribution Values. 21 2.2 Capitalization of the Partnership. . . . . . . . . . . . . 23 2.3 OSTRS Consideration. . . . . . . . . . . . . . . . . . . . 25 2.4 Assumptions. . . . . . . . . . . . . . . . . . . . . . . . 26 2.4.1
Contribution Values. The aggregate Contribution Value (after giving effect to the reserves for capital expenditures set forth on Schedule 2.1) of all the Assets (and the individual Contribution Value of each Property or other Asset) to be contributed hereunder by the Property Entities, and the aggregate and individual Gross Asset Value of each such Asset as of November 30, 1997, is as set forth on Schedule 2.1.
(a) The Contribution Value of each Property being contributed at the First Closing shall be adjusted (i) based upon the Annualized NOI of such Property as of the end of the month immediately preceding the First Closing, calculated in the same manner and utilizing the same capitalization percentage rates as described on Schedule 2.1 for such Property and (ii) based upon the Existing Mortgage Debt for such Property as of the First Closing. Any closing prorations and adjustments credited to the Transferees (but excluding any cash reimbursements of items such as xxxxxxx money deposits) or charged against Property Entities pursuant to Sections 5.16 (Title Insurance; Survey), 5.18 (Damage), or 5.19 (Condemnation) or Article 11 (Prorations and Adjustments) (collectively, the "Proration Items") shall increase or reduce the Contribution Value of the applicable Property, and the amount of out-of-pocket acquisition and development costs funded after the date hereof and prior to the First Closing in accordance with Section 5.2 (Preservation of Business) (other than costs funded through the incurrence of debt or costs reimbursed in cash at the First Closing) shall increase the Contribution Value of the applicable Asset. In the event that a Closing of a Property is deferred until after the First Closing (a "Deferred Property") and the Deferred Property is expected to have a negative Contribution Value, an appropriate reserve shall be deducted from the Contribution Value of the other Assets contributed at the First Closing by the Contributor(s) who own the Deferred Properties so that, after taking such reserve into account, the Partnership will not reasonably be expected to have issued too many Units taking into consideration the Contribution Value of (i) the Assets contributed by such Contributors at the First Closing and (ii) all the Deferred Properties.
(b) The Contribution Value of the Third Party Management Assets and the Other Assets being contributed by Midland Development (i) shall be increased as of the First Closing by the estimated amount by which Midland Development's Asse...
Contribution Values. The aggregate Contribution Value of all the Assets is $78,092,181.
Contribution Values. The parties acknowledge and agree that the contribution values set out in the Contributions Table and clauses 8.2(b) and (c) will be adjusted based on the dwelling yield pursuant to the Proposed Development Consent and according to the CPI formula provided in clause 8.2(d) only and:
(a) the Applicant assumes all cost and risk in relation to the provision and the making of the Contribution, and
(b) All Parties acknowledge and agree that the costs outlined in the Contributions Table is the complete amount payable to the Council.
Contribution Values. The parties acknowledge and agree that the contribution values set out in the Contributions Table are estimates only and:
(a) the Landowner assumes all cost and risk in relation to the provision and the making of the Contributions, including any variations over time to the value of land to be dedicated or the cost of carrying out the Works, and
(b) the Landowner must provide the Contributions notwithstanding that the actual cost of Works or the value of a land dedication may be different to the indicative cost in the Contributions Table.
Contribution Values
