Common use of Cooperation of BNPLC to Facilitate Construction and Development Clause in Contracts

Cooperation of BNPLC to Facilitate Construction and Development. During the Term BNPLC shall take any action reasonably requested by SGC to facilitate the acquisition of existing Improvements after the Effective Date pursuant to the Existing Contract and the construction and use of the Property permitted by this Lease; provided, however, that: (i) This subparagraph 7. (a) shall not impose upon BNPLC the obligation to take any action that can be taken by SGC, SGC's Affiliates or anyone else other than BNPLC as the owner of the Land, the Improvements or any other interests in the Property. (ii) BNPLC shall not be required by this subparagraph 7. (a) to make any payment to another Person unless BNPLC shall first have received funds from SGC, in excess of any other amounts due from SGC hereunder, sufficient to make the payment. (This clause (ii) will not be construed as limiting the right of SGC to obtain additional Construction Advances, on and subject to the terms and conditions set forth in the Construction Management Agreement, for payments SGC itself may pay or incur an obligation to pay to another Person.) (iii) BNPLC shall have no obligations whatsoever under this subparagraph at any time after an Issue 97-10 Election by SGC, after a Landlord's Election to Continue Construction or when an Event of Default shall have occurred and be continuing. (iv) SGC must request any action to be taken by BNPLC pursuant to this subparagraph, and such request must be specific and in writing, if required by BNPLC at the time the request is made. A suggested form for such a request is attached as Exhibit D.

Cooperation of BNPLC to Facilitate Construction and Development. During the Term BNPLC shall take any action reasonably requested by SGC FCI to facilitate the acquisition of existing Improvements after the Effective Date pursuant to the Existing Contract and the construction and use of the Property permitted by this Lease; provided, however, that: (i) This subparagraph 7. (a) shall not impose upon BNPLC the obligation to take any action that can be taken by SGCFCI, SGCFCI's Affiliates or anyone else other than BNPLC as the owner of the Land, the Improvements or any other interests in the Property. (ii) BNPLC shall not be required by this subparagraph 7. (a) to make any payment to another Person unless BNPLC shall first have received funds from SGCFCI, in excess of any other amounts due from SGC FCI hereunder, sufficient to make the payment. (This clause (ii) will not be construed as limiting the right of SGC FCI to obtain additional Construction Advances, on and subject to the terms and conditions set forth in the Construction Management Agreement, for payments SGC FCI itself may pay or incur an obligation to pay to another Person.) (iii) BNPLC shall have no obligations whatsoever under this subparagraph at any time after an Issue 97-10 Election by SGCFCI, after a Landlord's Election to Continue Construction or when an Event of Default shall have occurred and be continuing. (iv) SGC FCI must request any action to be taken by BNPLC pursuant to this subparagraph, and such request must be specific and in writing, if required by BNPLC at the time the request is made. A suggested form for such a request is attached as Exhibit D.

Cooperation of BNPLC to Facilitate Construction and Development. During So long as the Term Leases remain in force and NAI remains in possession of the Property, BNPLC shall take any action reasonably requested by SGC NAI to facilitate the acquisition of existing Improvements after the Effective Date pursuant to the Existing Contract and the construction and or use of the Property permitted by this Leasethe Leases or the Construction Management Agreement; provided, however, that: (i1) This subparagraph 7. (a3(A) shall not impose upon BNPLC the obligation to take any action that can be taken by SGCNAI, SGCNAI's Affiliates or anyone else other than BNPLC as the owner of the Land, the Improvements or any other interests in the Property. (ii2) BNPLC shall not be required by this subparagraph 7. (a3(A) to make any payment to another Person unless BNPLC shall first have received funds from SGCNAI, in excess of any other amounts due from SGC hereunderNAI under any of the Operative Documents, sufficient to make the payment. (This clause (ii2) will not be construed as limiting the right of SGC NAI to obtain additional Construction Advances, on and subject to the terms and conditions set forth in the Construction Management Agreement, for payments SGC NAI itself may pay or incur an obligation to pay to another Person.) (iii3) BNPLC shall have no obligations whatsoever under this subparagraph 3(A) at any time after an Issue 97-10 Election by SGC, after a Landlord's Election to Continue Construction CMA Termination Event or when an Event of Default shall have occurred and be continuing. (iv4) SGC NAI must request any action to be taken by BNPLC pursuant to this subparagraphsubparagraph 3(A), and such request must be specific and in writing, if required by BNPLC at the time the request is made. A suggested form for such a request is attached as Exhibit D. (5) No action may be required of BNPLC pursuant to this subparagraph 3(A) that could constitute a violation of any Applicable Laws or compromise or constitute a waiver of BNPLC's rights under other provisions of this Agreement or any of the other Operative Documents or that for any other reason is reasonably objectionable to BNPLC. The actions BNPLC shall take pursuant to this subparagraph 3(A) if reasonably requested by NAI will include, subject to the conditions listed in the proviso above, executing or consenting to, or exercising or assisting NAI to exercise rights under any (I) grant of easements, licenses, rights of way, and other rights in the nature of easements encumbering the Land or the Improvements, (II) release or termination of easements, licenses, rights of way or other rights in the nature of easements which are for the benefit of the Land or Improvements or any portion thereof, (III) dedication or transfer of portions of the Land not improved with a building, for road, highway or other public purposes, (IV) agreements (other than with NAI or its Affiliates)

Cooperation of BNPLC to Facilitate Construction and Development. During the Term BNPLC shall take any action reasonably requested by SGC Electroglas to facilitate the acquisition of existing Improvements after the Effective Date pursuant to the Existing Contract and the construction and use or development of the Property permitted by this Lease; provided, however, that: (i) This subparagraph 7. (a) 0 shall not impose upon BNPLC the obligation to take any action that can be taken by SGCElectroglas, SGC's Electroglas' Affiliates or anyone else other than BNPLC as the owner of the Land, the Improvements or any other interests in the Property. (ii) BNPLC shall Without limiting BNPLC's obligations under Paraxxxxx 0, XXXXX xxxll not be required by this subparagraph 7. (a) 0 to make any payment to another Person unless BNPLC shall first have received funds from SGCElectroglas, in excess of any other amounts due from SGC Electroglas hereunder, sufficient to make the payment. (This clause (ii) will not be construed as limiting the right of SGC to obtain additional Construction Advances, on and subject to the terms and conditions set forth in the Construction Management Agreement, for payments SGC itself may pay or incur an obligation to pay to another Person.) (iii) BNPLC shall have no obligations whatsoever under this subparagraph at any time after an Issue 97-10 Election by SGC, after a Landlord's Election to Continue Construction or when an Event of Default shall have occurred and be continuing. (iv) SGC Electroglas must request any action to be taken by BNPLC pursuant to this subparagraph, and such request must be specific and in writing, if required by BNPLC at the time the request is made. (v) No action may be required of BNPLC pursuant to this subparagraph 0 that could constitute a violation of any Applicable Laws or compromise or constitute a waiver of BNPLC's rights under other provisions of this Lease or the Purchase Documents or that for any other reason is reasonably objectionable to BNPLC. A suggested The actions BNPLC shall take pursuant to this subparagraph 0 if reasonably requested by Electroglas will include, subject to the conditions listed in the proviso above, joining in or consenting to any (I) grant of easements, licenses, rights of way, and other rights in the nature of easements encumbering the Real Property, (II) release or termination of easements, licenses, rights of way or other rights in the nature of easements which are for the benefit of the Real Property or any portion thereof, (III) dedication or transfer of portions of the Land not improved with a building, for road, highway or other public purposes, (IV) agreements (other than with Electroglas or its Affiliates) for the use and maintenance of common areas, for reciprocal rights of parking, for ingress and egress and for amendments to any Permitted Encumbrances or Development Documents (including amendments to the Development Documents that Electroglas may reasonably request to facilitate construction or development on land owned by it or its Affiliates other than the Land), (V) instruments necessary or desirable for Upon request by Electroglas, BNPLC shall also provide a statement in writing certifying that this Lease is unmodified and in full effect (or, if there have been modifications, that this Lease is in full effect as modified, and setting forth such modifications) and the dates to which the Base Rent and other amounts payable by Electroglas hereunder have been paid and stating whether BNPLC is aware of any default by Electroglas that may exist hereunder; it being intended that any such statement by BNPLC may be relied upon by anyone with whom Electroglas may intend to enter into an agreement for construction of the Improvements or other significant agreements concerning the Property. Any Losses incurred by BNPLC because of any action taken pursuant to this subparagraph 0 shall be covered by the indemnification set forth in subparagraph 0. Further, for purposes of such indemnification, any action taken by BNPLC will be deemed to have been made at the request of Electroglas if made pursuant to any request of counsel to or any officer of Electroglas (or with their knowledge, and without their objection) in connection with the execution or administration of this Lease or the closings under the Existing Contracts. To avoid construction delays or for other reasonable cause, Electroglas may ask BNPLC for an expedited response to any request for action made by Electroglas pursuant to this subparagraph 0 by delivering such request with a notice substantially in the form for such a request is attached hereto as Exhibit D.0. BNPLC shall endeavor in good faith to respond promptly to any such notice after the receipt of any such notice by an officer of BNPLC.

Cooperation of BNPLC to Facilitate Construction and Development. During the Term BNPLC shall take any action reasonably requested by SGC Solectron to facilitate the acquisition of existing Improvements after the Effective Date pursuant to the Existing Contract and the construction and or use of the Property permitted by this Lease; provided, however, that: (i) This subparagraph 7. (a) shall not impose upon BNPLC the obligation to take any action that can be taken by SGCSolectron, SGCSolectron's Affiliates or anyone else other than BNPLC as the owner of the Land, the Improvements or any other interests in the Property. (ii) BNPLC shall not be required by this subparagraph 7. (a) to make any payment to another Person unless BNPLC shall first have received funds from SGCSolectron, in excess of any other amounts due from SGC Solectron hereunder, sufficient to make the payment. (This clause (ii) will not be construed as limiting the right of SGC Solectron to obtain additional Construction Advances, on and subject to the terms and conditions set forth in the Construction Management AgreementParagraph 6, for payments SGC Solectron itself may pay or incur an obligation to pay to another Person.) (iii) BNPLC shall have no obligations whatsoever under this subparagraph at any time after an Issue 97-10 Election by SGC, after a Landlord's Election to Continue Construction or when an Event of Default shall have occurred and be continuing. (iv) SGC Solectron must request any action to be taken by BNPLC pursuant to this subparagraph, and such request must be specific and in writing, if required by BNPLC at the time the request is made. A suggested form for such a request is attached as Exhibit D.G. (v) No action may be required of BNPLC pursuant to this subparagraph 7.(a) that could constitute a violation of any Applicable Laws or compromise or constitute a waiver of BNPLC's rights under other provisions of this Lease, the Closing Certificate or the Purchase Agreement or that for any other reason is reasonably objectionable to BNPLC. (a) if reasonably requested by Solectron will include, subject to the conditions listed in the proviso above, joining in or consenting to any (I) grant of easements, licenses, rights of way, and other rights in the nature of easements encumbering the Real Property, (II) release or termination of easements, licenses, rights of way or other rights in the nature of easements which are for the benefit of the Real Property or any portion thereof, (III) dedication or transfer of portions of the Land not improved with a building, for road, highway or other public purposes, (IV) agreements (other than with Solectron or its Affiliates) for the use and maintenance of common areas, for reciprocal rights of parking, for ingress and egress and for amendments to any Permitted Encumbrances or Development Documents (including amendments to the Development Documents that Solectron may reasonably request to facilitate construction or development on land owned by it or its Affiliates other than the Land), (V) instruments necessary or desirable for the exercise or