Common use of Lease of the Project Clause in Contracts

Lease of the Project. (a) When the requirements for Substantial Completion can be satisfied by Agent, Agent shall deliver to Owner and Assignee the Certificate of Substantial Completion, and Agent shall request the Final Advance which, subject to the provisions of paragraph (b) of this subsection 2.3, shall be sufficient to provide for payment of all the costs of constructing the Project and completing any open punch list items (other than those certain specifically identified and quantified costs that are not yet due to the General Contractor and which will be included as part of the Completion Advance, provided that the Available Commitment remaining after the Final Advance is equal to or exceeds the aggregate amount of all such identified and quantified costs). By delivery of the Certificate of Substantial Completion, Agent evidences the acceptability of the Project for lease by Agent under the Lease. If the conditions set forth in Section 6 hereof have been satisfied in the reasonable judgment of Owner and Assignee, Owner, within ten (10) Business Days of receipt of the Certificate of Substantial Completion, shall make the Final Advance. Execution and delivery by Agent of the Certificate of Substantial Completion shall constitute (i) acknowledgment by Agent that the Project has been accepted for lease by Agent as of the Effective Date, (ii) acknowledgment by Agent that the Project is subject to all of the covenants, terms and conditions of the Lease, and (iii) certification by Agent that the representations and warranties contained in Section 2 of the Lease are true and correct in all material respects on and as of the Effective Date as though made on and as of such date and that there exists on such date no (1) Event of Default hereunder, Event of Default (as defined in the Lease), Event of Loss, Termination Event or Event of Project Termination or (2) Potential Default hereunder, Potential Default (as defined in the Lease) or Potential Event of Project Termination. In connection with the Final Advance, Owner, within five (5) Business Days of receipt of a request for such Final Advance and upon Agent's satisfaction of the conditions to such advance to the reasonable satisfaction of Owner and Assignee, shall adjust the Acquisition Cost and the Adjusted Acquisition Cost (as defined in the Lease) to reflect (i) the Completion Amount advanced to Agent hereunder and (ii) the Retention, if any. The making of the Completion Advance in the circumstances contemplated by this paragraph (a) shall be governed by paragraph (b) of this subsection 2.3. (b) Subject to the terms of subsection 2.2 and 3.1 hereof, up to six (6) months after the Final Advance has been made, Agent may, by delivering a Certificate of Increased Cost, request the Completion Advance. On or before the fifth Business Day prior to the date upon which Agent receives the Final Advance, Agent shall designate the Completion Amount. After such designation the aggregate amount of the Completion Advance shall not exceed the Completion Amount. Agent's designation of the Completion Amount shall be accompanied by a detailed calculation of the Completion Amount which shall be satisfactory to Owner and Assignee and which shall reflect all Unreimbursed Project Costs for which Agent expects to seek reimbursement hereunder after the Final Advance less the proceeds that Agent expects to receive from the disposition of excess construction materials. The Completion Amount shall in no event exceed the aggregate amount of the Completion Advance that Agent is entitled to receive under the terms hereof. If no Completion Amount is designated as hereinabove provided, no Completion Advance will be made. Each Certificate of Increased Cost shall reflect all Unreimbursed Project Costs designated by Agent for payment by the Completion Advance and all costs incurred by Agent since the last advance to complete the Project. In the event that the aggregate amount of the Completion Advance made is less than the Completion Amount, on the day that is six (6) months after the date of the Final Advance, the Adjusted Acquisition Cost (as defined in the Lease) shall be reduced by the difference between the Completion Amount and the aggregate amount of the Completion Advance made. The amount of any proceeds from the disposition of excess construction materials that exceeds the amount for such disposition included in the calculation of the Completion Amount shall reduce the amount of the Completion Advance made by the amount of such excess, or, if the amount of such excess exceeds the Completion Amount, shall be paid to Owner. If any amounts are paid to Owner pursuant to the preceding sentence, the amount so paid shall be added to the decrease of the Adjusted Acquisition Cost pursuant to the second preceding sentence.

Lease of the Project. (a) When The date upon which the requirements for Substantial Completion can be satisfied by Agent, Agent shall deliver to Owner and Assignee the Certificate of Substantial Completion, and Agent shall request Lessee receives the Final Advance which, subject (as defined in the Agreement for Lease) under the Agreement for Lease shall be the "Effective Date". Prior to the provisions of paragraph Effective Date, the Project and the rights and obligations (including all rights and obligations arising under paragraphs (a) and (b) of this subsection 2.3, Section 11 hereof) of the Lessor and the Lessee shall be sufficient to provide governed only by the Agreement for payment of all the costs of constructing the Project and completing any open punch list items (other than those certain specifically identified and quantified costs that are not yet due to the General Contractor and which will be included as part of the Completion Advance, provided that the Available Commitment remaining after the Final Advance is equal to or exceeds the aggregate amount of all such identified and quantified costs). By delivery of the Certificate of Substantial Completion, Agent evidences the acceptability of the Project for lease by Agent under the Lease. If the conditions set forth in Section 6 hereof have been satisfied in the reasonable judgment of Owner From and Assignee, Owner, within ten (10) Business Days of receipt of the Certificate of Substantial Completion, shall make the Final Advance. Execution and delivery by Agent of the Certificate of Substantial Completion shall constitute (i) acknowledgment by Agent that the Project has been accepted for lease by Agent as of after the Effective Date, (ii) acknowledgment by Agent that the Lessor does hereby lease the Project is subject to all (including a sublease of the covenants, terms Premises) to the Lessee for the Lease Term and conditions any Renewal Term and the Project and the rights and obligations of the Lessor and the Lessee shall be governed by this Lease and not the Agreement for Lease, except to the extent otherwise expressly provided in this Lease and (iii) certification by Agent the Agreement for Lease. On the Effective Date, the Lessee shall be deemed to have certified that the all representations and warranties of the Lessee contained in Section 2 of the this Lease are true and correct in all material respects on and as of the Effective Date as though made on and as of such date and that there exists on such date no (1) Event of Default hereunder, Event of Default (as defined Date. As provided in the Lease), Event of Loss, Termination Event or Event of Project Termination or (2) Potential Default hereunder, Potential Default (as defined in the Lease) or Potential Event of Project Termination. In connection with the Final Advance, Owner, within five (5) Business Days of receipt of a request for such Final Advance and upon Agent's satisfaction of the conditions to such advance to the reasonable satisfaction of Owner and Assignee, shall adjust the Acquisition Cost and the Adjusted Acquisition Cost (as defined in the Lease) to reflect paragraph (i) of Section 6 of the Completion Amount advanced Agreement for Lease, on the Effective Date, Exhibit D to Agent hereunder and (ii) the Retentionthis Lease shall be amended, if any. The making of the Completion Advance in the circumstances contemplated by this paragraph (a) shall be governed by paragraph (b) of this subsection 2.3necessary. (b) Subject to the terms of subsection 2.2 and 3.1 hereof, up Up to six (6) months after the Final Advance has been made(as defined in the Agreement for Lease), Agent may, the Lessee may request Completion Advances under the Agreement for Lease by delivering a Certificate of Increased Cost, request Cost (as defined in the Completion AdvanceAgreement for Lease) to the Lessor and otherwise complying with the terms of Section 7 of the Agreement for Lease. On or before the fifth Business Day prior to the date upon which Agent the Lessee receives the Final AdvanceAdvance (as defined in the Agreement for Lease), Agent the Lessee shall designate the maximum aggregate amount of all Completion Advances to be requested hereunder (the "Completion Amount"). After such designation the aggregate amount of the all Completion Advance Advances shall not exceed the Completion Amount. Agent's The provisions of paragraph (b) of subsection 2.3, paragraph (d) of subsection 3.3 and Section 7 of the Agreement for Lease shall govern (i) the designation of the Completion Amount Amount, (ii) the making of Completion Advances and (iii) any amendments to Exhibit D to this Lease occasioned thereby. At the time each Completion Advance is made, the Lessee shall be accompanied by a detailed calculation deemed to have certified that all representations and warranties of the Completion Amount which shall be satisfactory to Owner Lessee contained in this Lease are true and Assignee correct in all material respects on and which shall reflect all Unreimbursed Project Costs for which Agent expects to seek reimbursement hereunder after the Final Advance less the proceeds that Agent expects to receive from the disposition of excess construction materials. The Completion Amount shall in no event exceed the aggregate amount of the Completion Advance that Agent is entitled to receive under the terms hereof. If no Completion Amount is designated as hereinabove provided, no Completion Advance will be made. Each Certificate of Increased Cost shall reflect all Unreimbursed Project Costs designated by Agent for payment by the Completion Advance and all costs incurred by Agent since the last advance to complete the Project. In the event that the aggregate amount of the Completion Advance made is less than the Completion Amount, on the day that is six (6) months after the date of the Final Advance, the Adjusted Acquisition Cost (as defined in the Lease) shall be reduced by the difference between the Completion Amount and the aggregate amount of the Completion Advance made. The amount of any proceeds from the disposition of excess construction materials that exceeds the amount for such disposition included in the calculation of the Completion Amount shall reduce the amount of the Completion Advance made by the amount of such excess, or, if the amount of such excess exceeds the Completion Amount, shall be paid to Owner. If any amounts are paid to Owner pursuant to the preceding sentence, the amount so paid shall be added to the decrease of the Adjusted Acquisition Cost pursuant to the second preceding sentencedate.

Lease of the Project. (a) When The date upon which the requirements for Substantial Completion can be satisfied by Agent, Agent shall deliver to Owner and Assignee the Certificate of Substantial Completion, and Agent shall request Lessee receives the Final Advance which, subject to (as defined in the provisions of paragraph (bAgreement for Lease) of this subsection 2.3under the Agreement for Lease, shall be sufficient to provide for payment of all the costs of constructing the Project "Effective Date". From and completing any open punch list items (other than those certain specifically identified and quantified costs that are not yet due to the General Contractor and which will be included as part of the Completion Advance, provided that the Available Commitment remaining after the Final Advance is equal to or exceeds the aggregate amount of all such identified and quantified costs). By delivery of the Certificate of Substantial Completion, Agent evidences the acceptability of the Project for lease by Agent under the Lease. If the conditions set forth in Section 6 hereof have been satisfied in the reasonable judgment of Owner and Assignee, Owner, within ten (10) Business Days of receipt of the Certificate of Substantial Completion, shall make the Final Advance. Execution and delivery by Agent of the Certificate of Substantial Completion shall constitute (i) acknowledgment by Agent that the Project has been accepted for lease by Agent as of the Effective Date, (ii) acknowledgment by Agent that and during the Initial Term and any Extended Term and any Renewal Term, the Lessor does hereby lease the Project is subject to all (including a sublease of the covenants, terms Lessor's interest in the Premises) to the Lessee and conditions the Project and the rights and obligations of the Lessor and the Lessee shall be governed by this Lease and not the Agreement for Lease, except to the extent otherwise expressly provided in this Lease and (iii) certification by Agent the Agreement for Lease. On the Effective Date, the Lessee shall be deemed to have certified that the all representations and warranties of the Lessee contained in Section 2 of the this Lease are true and correct in all material respects on and as of the Effective Date as though made on and as of such date and that there exists on such date no (1) Event of Default hereunder, Event of Default (as defined Date. As provided in the Agreement for Lease), Event of Losson the Effective Date, Termination Event or Event of Project Termination or (2) Potential Default hereunder, Potential Default (as defined in the Lease) or Potential Event of Project Termination. In connection with the Final Advance, Owner, within five (5) Business Days of receipt of a request for such Final Advance and upon Agent's satisfaction of the conditions to such advance to the reasonable satisfaction of Owner and Assignee, shall adjust the Acquisition Cost and the Adjusted Acquisition Cost (as defined in the Lease) shall be adjusted, if necessary, to reflect (i) the Completion Amount advanced to Agent hereunder the Lessee under the Agreement for Lease and (ii) the Retention, if any. The making of the Completion Advance in the circumstances contemplated by this paragraph (a) shall be governed by paragraph (b) of this subsection 2.3. (b) Subject to the terms of subsection 2.2 and 3.1 hereof, up Up to six (6) months after the Final Advance has been made(as defined in the Agreement for Lease), Agent may, the Lessee may request a Completion Advance under the Agreement for Lease by delivering a Certificate of Increased Cost, request Cost (as defined in the Completion AdvanceAgreement for Lease) to the Lessor and otherwise complying with the terms of Section 7 of the Agreement for Lease. On or before the fifth Business Day prior to the date upon which Agent the Lessee receives the Final AdvanceAdvance (as defined in the Agreement for Lease), Agent the Lessee shall designate the Completion Amount. After such designation the aggregate amount of the Completion Advance shall not exceed the Completion Amount. Agent's The provisions of paragraph (b) of subsection 2.3 and Section 7 of the Agreement for Lease shall govern (i) the designation of the Completion Amount shall be accompanied by a detailed calculation of Amount, (ii) the Completion Amount which shall be satisfactory to Owner and Assignee and which shall reflect all Unreimbursed Project Costs for which Agent expects to seek reimbursement hereunder after the Final Advance less the proceeds that Agent expects to receive from the disposition of excess construction materials. The Completion Amount shall in no event exceed the aggregate amount making of the Completion Advance that Agent is entitled and (iii) any adjustments to receive under the terms hereof. If no Completion Amount is designated as hereinabove provided, no Completion Advance will be made. Each Certificate of Increased Acquisition Cost shall reflect all Unreimbursed Project Costs designated by Agent for payment by the Completion Advance and all costs incurred by Agent since the last advance to complete the Project. In the event that the aggregate amount of the Completion Advance made is less than the Completion Amount, on the day that is six (6) months after the date of the Final Advance, the Adjusted Acquisition Cost (as defined in occasioned thereby. At the Lease) shall be reduced by the difference between the Completion Amount and the aggregate amount of time the Completion Advance is made. The amount of any proceeds from , the disposition of excess construction materials Lessee shall be deemed to have certified that exceeds the amount for such disposition included in the calculation all representations and warranties of the Completion Amount shall reduce the amount of the Completion Advance made by the amount Lessee contained in this Lease are true and correct in all material respects on and as of such excess, or, if the amount of such excess exceeds the Completion Amount, shall be paid to Owner. If any amounts are paid to Owner pursuant to the preceding sentence, the amount so paid shall be added to the decrease of the Adjusted Acquisition Cost pursuant to the second preceding sentencedate.

Lease of the Project. (a) When the requirements for Substantial Completion can be have been satisfied by Agent, Agent shall deliver to Owner and Assignee the Certificate of Substantial Completion, and Agent shall request the Final Advance which, subject to the provisions of paragraph (b) of this subsection 2.3, shall be sufficient to provide for payment of all the costs of constructing the Project and completing any open punch list items (other than those certain specifically identified and quantified costs that are not yet due to the General Contractor and which will be included as part of the a Completion Advance, provided that the Available Commitment remaining after the Final Advance is equal to or exceeds the aggregate amount of all such identified and quantified costs). By delivery of the Certificate of Substantial Completion, Agent evidences the acceptability of the Project for lease by Agent under the Lease. If the conditions set forth in Section 6 hereof have been satisfied in the reasonable judgment of Owner and Assigneesatisfied, Owner, within ten (10) Business Days of receipt of the Certificate of Substantial Completion, shall make the Final Advance. Execution and delivery by Agent of the Certificate of Substantial Completion shall constitute (i) acknowledgment by Agent that the Project has been accepted for lease by Agent as of the Effective Date, (ii) acknowledgment by Agent that the Project is subject to all of the covenants, terms and conditions of the Lease, and (iii) certification by Agent that the representations and warranties contained in Section 2 of the Lease are true and correct in all material respects on and as of the Effective Date as though made on and as of such date and that there exists on such date no (1) Event of Default hereunderDefault, Event of Default (as defined in the Lease), Event of Loss, Termination Event or Event of Project Termination or Termination Event, or (2) Potential Default hereunderDefault, Potential Default (as defined in the Lease) or Potential Event of Project Termination. In connection with the Final Advance, Owner, within five (5) Business Days of receipt of a request for such Final Advance and upon Agent's satisfaction of the conditions to such advance to the reasonable satisfaction of Owner and Assignee, shall adjust the Acquisition Cost and the Adjusted Acquisition Cost (as defined in the Lease) to reflect (i) the Completion Amount advanced to Agent hereunder and (ii) the Retention, if any. The making of the Completion Advance in the circumstances contemplated by this paragraph (a) shall be governed by paragraph (b) of this subsection 2.3. (b) Subject to the terms of subsection 2.2 and 3.1 hereof, up to six (6) months after the Final Advance has been made, Agent may, by delivering a Certificate or Certificates of Increased Cost, request the Completion AdvanceAdvances. On or before the fifth Business Day prior to the date upon which Agent receives the Final Advance, Agent shall designate the Completion Amount. After such designation the aggregate amount of the all Completion Advance Advances shall not exceed the Completion Amount. Agent's designation of the Completion Amount shall be accompanied by a detailed calculation of the Completion Amount which shall be satisfactory to Owner and Assignee and Amount, which shall reflect all Unreimbursed Project Costs for which Agent expects to seek reimbursement hereunder after the Final Advance less the proceeds proceeds, if any, that Agent expects to receive from the disposition of excess construction materials. The Completion Amount shall in no event exceed the aggregate amount of the Completion Advance Advances that Agent is entitled to receive under the terms hereof. If no Completion Amount is designated as hereinabove provided, no Completion Advance Advances will be made. Each Certificate of Increased Cost shall reflect all Unreimbursed Project Costs designated by Agent for payment by the such Completion Advance and Advances, all costs incurred by Agent since the last advance to complete the Project, all costs incurred by Agent to discharge all retentions and to dispose of excess construction materials and all proceeds received by Agent since the last advance hereunder from the disposition of excess construction materials. In the event that the aggregate amount of the Completion Advance Advances made is less than the Completion Amount, on the day that is six (6) months after the date of the Final Advance, Exhibit D to the Lease shall be amended to decrease the Adjusted Acquisition Cost (as defined in the Lease) shall be reduced by the difference between the Completion Amount and the aggregate amount of the Completion Advance Advances made. The amount of any proceeds from the disposition of excess construction materials that exceeds the amount for such disposition included in the calculation of the Completion Amount shall reduce the amount of the Completion Advance Advances made by the amount of such excess, or, if the amount of such excess exceeds the Completion Amount, shall be paid to Owner. If any amounts are paid to Owner pursuant to the preceding sentence, the amount so paid shall be added to the decrease of the Adjusted Acquisition Cost reflected on Exhibit D to the Lease pursuant to the second preceding sentence. Nothing in this subsection 2.3 shall relieve the General Contractor or any other contractor or subcontractor which are party to any contracts for the purchase of goods or services relating to the Project of any of its respective obligations thereunder.