In the Event of Non-Delivery Sample Clauses

In the Event of Non-Delivery. To the extent that only a portion of the Facility is delivered to the City for use and occupancy on the Convention Center Delivery Date, then the Lease Payments due hereunder shall be abated proportionately, as described below. The amount of such abatement shall be such that the resulting Lease Payments in each Lease Year do not exceed the fair rental value (as determined by an independent real estate appraiser selected by the City, who shall not be an employee of the City, of the portion of the Facility made available to the City for its use and occupancy. Based on the fair rental value determined by such appraiser, the City shall provide the Trustee and the JEPA with a certificate setting forth the amount by which the Maximum Lease Payment will be abated for the current and each subsequent Lease Year until the JEPA delivers the Complete Convention Center to the City for use and occupancy. Such abatement shall continue until the JEPA delivers the Complete Convention Center to the City for use and occupancy.
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Related to In the Event of Non-Delivery

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