Common use of Excess Land Clause in Contracts

Excess Land. Landlord and Tenant acknowledge and agree that Landlord is acquiring more land than is necessary for the development and construction of the Building covered by this Lease. The excess land consists of approximately 136,561 square feet and is outlined in yellow on attached EXHIBIT A (Excess Land). Landlord and Tenant agree, as follows, with respect to the Excess Land: A. Landlord will refrain from proceeding with development of the Excess Land for a period of four (4) years, from and after the Commencement Date of this Lease (the "Holding Period"). Tenant shall have the right to shorten the Holding Period by written notice to Landlord given not less than one (1) year prior to the earlier termination of the Holding Period. B. In consideration thereof, Tenant will reimburse Landlord for all real estate taxes, assessments and insurance costs attributable to the Excess Land from the Commencement Date of this Lease until the earlier of the expiration of the said Holding Period or the date that development of the Excess Land is completed. These costs will be reimbursed by Tenant to Landlord, monthly, as a part of the operating expenses that Tenant pays Landlord pursuant to Section 2.2 hereof. C. Tenant will also reimburse Landlord for the costs of carrying the Excess Land for the remainder of the Holding Period after the first year thereof. For the purposes of this provision, carrying costs shall mean interest on the costs incurred by Landlord to acquire the Excess Land from and after the date incurred. Interest shall be at a rate equal to the rate on Four Year Treasury Securities, in effect on the Commencement Date of this Lease, plus two percent (2%). Tenant shall reimburse Landlord for carrying costs, as aforesaid, in cash, upon expiration of said Holding Period, unless, prior to that time, Landlord and Tenant have entered into a binding lease agreement for Tenant s occupancy of a building to be constructed on the Excess Land, in which case, Tenant's obligation to reimburse Landlord shall be deemed waived and of no force and effect. D. Tenant may, at its option and upon written notice given not less than one hundred twenty (120) days prior to expiration of the said Holding Period, extend said Holding Period, for an additional two (2) years. Tenant may exercise said option only by providing written notice as aforesaid and by paying to Landlord the full reimbursement due to Landlord pursuant to Subsections B and C above. In the event Tenant exercises this option to extend, the same terms and conditions as outlined above shall apply, except that Tenant shall be obligated to reimburse Landlord for carrying costs for both years of the extended period. E. The rights herein conferred are personal to Tenant and may not be sold or assigned without Landlord's prior written consent. F. In the event that Tenant defaults in the performance of its obligations under this Lease and such default is not cured within the applicable cure period, then Tenant's rights hereunder shall be deemed null and void and of no force and effect, but Tenant's obligation to reimburse Landlord for carrying costs shall remain in force and effect until the earlier of the expiration of the hold period or Landlord's commencement of site development.

Excess Land. In the event Tenant desires to construct additional improvements on the Excess Land, and no Event of Default then exists, Landlord, at its sole option, (i) shall construct or cause to be constructed such improvements and lease such improvements to Tenant upon terms and conditions reasonably satisfactory to Landlord and subject to this Lease or (ii) shall cause the Excess Land to be released from the terms of this Lease and conveyed to an affiliate of Landlord who shall construct or cause to be constructed such improvements and lease such improvements to Tenant acknowledge upon terms and agree that Landlord is acquiring more land than is necessary conditions reasonably satisfactory to Landlord, or (iii) shall convey the Excess Land to Tenant for a price ("Excess Land Price") equal to the development and construction greater of $2,052,356 plus ----------------- the applicable Prepayment Premium or the sum of the Building covered by this Lease. The excess land consists Fair Market Value of approximately 136,561 square feet the Excess Land (as Fair Market Value is defined in clause (a) of the definition thereof) plus the applicable Prepayment Premium provided that the following conditions are satisfied: (A) the Leased Premises shall have been subdivided in compliance with all applicable subdivision laws, Legal Requirements and is outlined Easement Agreements so that the Excess Land and the remainder of the Leased Premises (the "Retained Premises") are separate tracts, (B) after such sale both the Excess ------------------- Land and the Retained Premises shall comply with all applicable Laws, Legal Requirements and Easement Agreements, (C) the release of the Excess Land does not materially impact the functional use, legal use or viability of the Retained Premises, (D) Tenant shall have complied with all requirements of Lender set forth in yellow on attached EXHIBIT A (the Mortgage with respect to the release of the Excess Land). , (E) all parking located on the Excess Land as of the Commencement Date has been relocated to the Retained Premises in a manner satisfactory to Landlord and (F) all Costs of Landlord, Lender and Tenant agreein connection with the conveyance of the Excess Land and in complying with the above conditions, including reasonable attorneys' fees, shall be borne solely by Tenant. Landlord, as followsrecord title holder to the Excess Land, shall cooperate with Tenant in obtaining a lawful subdivision of the Leased Premises with separate parcels consisting of the Excess Land and the Retained Premises, at no cost to Landlord. If Landlord conveys the Excess Land under clauses (ii) or (iii) above, then, except for Surviving Obligations this Lease shall terminate with respect to the Excess Land: A. Landlord , but shall remain in full force and effect with respect to the Retained Premises, provided, however, that in no event will refrain from proceeding with development the release of the Excess Land for a period of four (4) years, from and after the Commencement Date of this Lease (the "Holding Period"). Tenant shall have the right to shorten the Holding Period by written notice to Landlord given not less than one (1) year prior to the earlier termination amend, reduce or modify any of the Holding Period. B. In consideration thereofobligations and liabilities of Tenant hereunder, Tenant will reimburse Landlord for all real estate taxes, assessments and insurance costs attributable including the obligations to the Excess Land from the Commencement Date of this Lease until the earlier of the expiration of the said Holding Period or the date that development of the Excess Land is completed. These costs will be reimbursed by Tenant to Landlord, monthly, as a part of the operating expenses that Tenant pays Landlord pursuant to Section 2.2 hereof. C. Tenant will also reimburse Landlord for the costs of carrying the Excess Land for the remainder of the Holding Period after the first year thereof. For the purposes of this provision, carrying costs shall mean interest on the costs incurred by Landlord to acquire the Excess Land from and after the date incurred. Interest shall be at a rate equal to the rate on Four Year Treasury Securities, in effect on the Commencement Date of this Lease, plus two percent (2%). Tenant shall reimburse Landlord for carrying costs, as aforesaid, in cash, upon expiration of said Holding Period, unless, prior to that time, Landlord and Tenant have entered into a binding lease agreement for Tenant s occupancy of a building to be constructed on the Excess Land, in which case, Tenant's obligation to reimburse Landlord shall be deemed waived and of no force and effect. D. Tenant may, at its option and upon written notice given not less than one hundred twenty (120) days prior to expiration of the said Holding Period, extend said Holding Period, for an additional two (2) years. Tenant may exercise said option only by providing written notice as aforesaid and by paying to Landlord the full reimbursement due to Landlord pursuant to Subsections B and C above. In the event Tenant exercises this option to extend, the same terms and conditions as outlined above shall apply, except that Tenant shall be obligated to reimburse Landlord for carrying costs for both years of the extended period. E. The rights herein conferred are personal to Tenant and may not be sold or assigned without Landlord's prior written consent. F. In the event that Tenant defaults pay Basic Rent in the performance of its obligations under this Lease and such default is not cured within the applicable cure period, then Tenant's rights hereunder shall be deemed null and void and of no force and effect, but Tenant's obligation to reimburse Landlord for carrying costs shall remain amount set forth in force and effect until the earlier of the expiration of the hold period or Landlord's commencement of site development.Exhibit "D" hereto. -----------

Excess Land. So long as no Event of Default then exists, Landlord agrees to cause that portion of the ▇▇▇▇▇▇▇▇▇▇ Premises described in EXHIBIT A-2 hereto (the "EXCESS LAND") to be released from the terms of this Lease and conveyed to Tenant provided that the following conditions are satisfied: (A) the ▇▇▇▇▇▇▇▇▇▇ Premises shall have been subdivided in compliance with all applicable subdivision laws, Legal Requirements and Easement Agreements so that the Excess Land and the remainder of the ▇▇▇▇▇▇▇▇▇▇ Premises (the "Retained Premises") are separate tracts, (B) after such sale both the Excess Land and the Retained Premises shall comply with all applicable Laws, Legal Requirements and Easements Agreements, (C) the release of the excess Land does not materially impact the functional use, Legal use or viability of the Retained Premises, (D) Tenant shall have complied with all requirements of Lender set forth in the Mortgage with respect to the release of the Excess Land, and (E) all costs of Landlord, Lender and Tenant acknowledge and agree that Landlord is acquiring more land than is necessary for in connection with the development and construction conveyance of the Building covered Excess Land and in complying with the above conditions, including reasonable attorneys' fees, shall be borne solely by this LeaseTenant. The excess land consists of approximately 136,561 square feet and is outlined in yellow on attached EXHIBIT A (Landlord, as record title holder to the Excess Land), shall cooperate with Tenant in obtaining a lawful subdivision of the Leased Premises with separate parcels consisting of the Excess Land and the Retained Premises, at no cost to Landlord. If Landlord and Tenant agreeconveys the Excess Land, as followsthen, except for Surviving Obligations this Lease shall terminate with respect to the Excess Land: A. Landlord , but shall remain in full force and effect with respect to the Retained Premises, the Dallas Premises, and the Industrial Premises provided, however, that in no event will refrain from proceeding with development the release of the Excess Land for a period of four (4) years, from and after the Commencement Date of this Lease (the "Holding Period"). Tenant shall have the right to shorten the Holding Period by written notice to Landlord given not less than one (1) year prior to the earlier termination amend, reduce or modify any of the Holding Period. B. In consideration thereofobligations and liabilities of Tenant hereunder, including the obligations to pay Basic Rent in the amount set forth in EXHIBIT "D" hereto. Landlord represents and warrants to Tenant will reimburse Landlord for all real estate taxes, assessments and insurance costs attributable to that the Excess Land from Mortgage permits the Commencement Date of this Lease until the earlier of the expiration of the said Holding Period or the date that development release of the Excess Land is completed. These costs will be reimbursed by Tenant to Landlordwithout the payment of any amounts, monthly, as a part of the operating other than Lender's cost and expenses that Tenant pays Landlord pursuant to Section 2.2 hereofin connection with such release. C. Tenant will also reimburse Landlord for the costs of carrying the Excess Land for the remainder of the Holding Period after the first year thereof. For the purposes of this provision, carrying costs shall mean interest on the costs incurred by Landlord to acquire the Excess Land from and after the date incurred. Interest shall be at a rate equal to the rate on Four Year Treasury Securities, in effect on the Commencement Date of this Lease, plus two percent (2%). Tenant shall reimburse Landlord for carrying costs, as aforesaid, in cash, upon expiration of said Holding Period, unless, prior to that time, Landlord and Tenant have entered into a binding lease agreement for Tenant s occupancy of a building to be constructed on the Excess Land, in which case, Tenant's obligation to reimburse Landlord shall be deemed waived and of no force and effect. D. Tenant may, at its option and upon written notice given not less than one hundred twenty (120) days prior to expiration of the said Holding Period, extend said Holding Period, for an additional two (2) years. Tenant may exercise said option only by providing written notice as aforesaid and by paying to Landlord the full reimbursement due to Landlord pursuant to Subsections B and C above. In the event Tenant exercises this option to extend, the same terms and conditions as outlined above shall apply, except that Tenant shall be obligated to reimburse Landlord for carrying costs for both years of the extended period. E. The rights herein conferred are personal to Tenant and may not be sold or assigned without Landlord's prior written consent. F. In the event that Tenant defaults in the performance of its obligations under this Lease and such default is not cured within the applicable cure period, then Tenant's rights hereunder shall be deemed null and void and of no force and effect, but Tenant's obligation to reimburse Landlord for carrying costs shall remain in force and effect until the earlier of the expiration of the hold period or Landlord's commencement of site development.