Common use of Recapture of Agency Benefits Clause in Contracts

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh (11th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh tenth (11th10th) anniversary of the Closing Date; (ii) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh tenth (11th10th) anniversary of the Closing Date but on or before the twelfth (12th) anniversary of the Closing Date; (iii) sixty per cent (60%) of the Benefits if the Recapture Event occurs after the twelfth (12th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iiiiv) sixty percent forty per cent (6040%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (ivv) forty percent twenty per cent (4020%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (vvi) twenty percent ten per cent (2010%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) under this Project Agreement or the Uniform Project Agreement entered into between the Agency and Sub- Sublessee on even date, or any other Transaction Document between the Agency and the Company, the Agency and the Sub-Sublessee and the Agency, Sub-Sublessee and Company concerning the project facility after the after the date hereof, the Company and Sub-Sublessee shall be jointly and severally liable and shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh eighth (11th8th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh eighth (11th8th) anniversary of the Closing Date but on or before the fourteenth ninth (14th9th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth ninth (14th9th) anniversary of the Closing Date but on or before the sixteenth eleventh (16th11th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth eleventh (16th11th) anniversary of the Closing Date but on or before the eighteenth twelfth (18th12th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth twelfth (18th12th) anniversary of the Closing Date but on or before the twentieth fourteenth (20th14th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth fourteenth (20th14th) anniversary of the Closing Date but on or before the twenty-second fifteenth (22nd15th) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.. The term “Benefits” shall mean the Agency’s calculation of, collectively:

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the ninth (9th) anniversary of the Closing Date; (ii) eighty per cent (80%) of the Benefits if the Recapture Event occurs after the ninth (9th) anniversary of the Closing Date but on or before the eleventh (11th) anniversary of the Closing Date; (iiiii) eighty percent sixty per cent (8060%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth twelfth (14th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th12th) anniversary of the Closing Date; (iv) forty percent per cent (40%) of the Benefits if the Recapture Event occurs after the sixteenth twelfth (16th12th) anniversary of the Closing Date but on or before the eighteenth thirteenth (18th13th) anniversary of the Closing Date; (v) twenty percent per cent (20%) of the Benefits if the Recapture Event occurs after the eighteenth thirteenth (18th13th)) anniversary of the Closing Date but on or before the twentieth fifteenth (20th15th) anniversary of the Closing Date; (vi) ten percent per cent (10%) of the Benefits if the Recapture Event occurs after the twentieth fifteenth (20th15th) anniversary of the Closing Date but on or before the twenty-second twentieth (22nd17th) anniversary of the Closing Date; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh sixteen (11th16th) anniversary of the Closing Date; (ii) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth sixteen (16th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (viiii) ten percent sixty per cent (1060%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-third (23rd) anniversary of the Closing Date; (iv) forty per cent (40%) of the Benefits if the Recapture Event occurs after the twenty-third (23rd) anniversary of the Closing Date but on or before the twenty-sixth (26th) anniversary of the Closing Date; (v) twenty per cent (20%) of the Benefits if the Recapture Event occurs after the twenty-sixth (26th) anniversary of the Closing Date but on or before the twenty-ninth (29th) anniversary of the Closing Date; (vi) ten per cent (10%) of the Benefits if the Recapture Event occurs after the twenty-ninth (29th) anniversary of the Closing Date but on or before the thirty-second (22nd32nd) anniversary of the Closing Date; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh tenth (11th10th) anniversary of the Closing Date; (iia) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh fifth (11th5th) anniversary of the Closing Date but on or before the fourteenth sixth (14th6th) anniversary of the Closing Date; (iiiii) sixty percent per cent (60%) of the Benefits if the Recapture Event occurs after the fourteenth sixth (14th6th) anniversary of the Closing Date but on or before the sixteenth seventh (16th7th) anniversary of the Closing Date; (iviii) forty percent per cent (40%) of the Benefits if the Recapture Event occurs after the sixteenth seventh (16th7th) anniversary of the Closing Date but on or before the eighteenth eight (18th8th) anniversary of the Closing Date; (viv) twenty percent per cent (20%) of the Benefits if the Recapture Event occurs after the eighteenth eighth (18th8th) anniversary of the Closing Date but on or before the twentieth ninth (20th9th) anniversary of the Closing Date; (viv) ten percent per cent (10%) of the Benefits if the Recapture Event occurs after the twentieth ninth (20th9th) anniversary of the Closing Date but on or before the twenty-second tenth (22nd10th) anniversary of the Closing Date; or (viivi) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh (11th) anniversary of the Closing Date; (ii) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii) sixty percent per cent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (iv) forty percent per cent (40%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v) twenty percent per cent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent per cent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (aA) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i1) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh tenth (11th10th) anniversary of the Closing Date; (ii2) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh tenth (11th10th) anniversary of the Closing Date but on or before the twelfth (12th) anniversary of the Closing Date; (3) sixty per cent (60%) of the Benefits if the Recapture Event occurs after the twelfth (12th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii4) sixty percent forty per cent (6040%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (iv5) forty percent twenty per cent (4020%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v6) twenty percent ten per cent (2010%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii7) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance Financial Assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh eighth (11th8th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh eighth (11th8th) anniversary of the Closing Date but on or before the fourteenth tenth (14th10th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth ninth (14th9th) anniversary of the Closing Date but on or before the sixteenth eleventh (16th11th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth eleventh (16th11th) anniversary of the Closing Date but on or before the eighteenth twelfth (18th12th) anniversary of the Closing Date;; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth twelfth (18th12th) anniversary of the Closing Date but on or before the twentieth fourteenth (20th14th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth fourteenth (20th14th) anniversary of the Closing Date but on or before the twenty-second fifteenth (22nd15th) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh seventh (11th7th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh seventh (11th7th) anniversary of the Closing Date but on or before the fourteenth eighth (14th8th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth eighth (14th8th) anniversary of the Closing Date but on or before the sixteenth nineth (16th9th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth nineth (16th9th) anniversary of the Closing Date but on or before the eighteenth tenth (18th10th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth tenth (18th1th) anniversary of the Closing Date but on or before the twentieth fourteenth (20th11th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth eleventh (20th11th) anniversary of the Closing Date but on or before the twenty-second twelfth (22nd12th) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (aA) It Notwithstanding anything to the contrary in the Lease Agreement with respect to the Benefits as such term is defined in Section 4.5(B) hereof, it is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i1) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh (11th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v2) twenty eighty percent (2080%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth twenty-first (20th21st) anniversary of the Closing Date; (vi3) sixty percent (60%) of the Benefits if the Recapture Event occurs after the twenty-first (21st) anniversary of the Closing Date but on or before the twenty-fifth (25th) anniversary of the Closing Date; (4) forty percent (40%) of the Benefits if the Recapture Event occurs after the twenty-fifth (25th) anniversary of the Closing Date but on or before the twenty-eight (28th) anniversary of the Closing Date; (5) twenty percent (20%) of the Benefits if the Recapture Event occurs after the twenty-eight (28th) anniversary of the Closing Date but on or before the thirty-second (32nd) anniversary of the Closing Date; (6) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth thirty-second (20th) 32nd anniversary of the Closing Date but on or before the twentythirty-second fifth (22nd35th) anniversary of the Closing Date; or (vii7) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (aA) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i1) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh (11th) anniversary of the Closing Date; (ii2) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii3) sixty percent per cent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (iv4) forty percent per cent (40%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v5) twenty percent per cent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi6) ten percent per cent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii7) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh eighth (11th8th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh eighth (11th8th) anniversary of the Closing Date but on or before the fourteenth tenth (14th10th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth tenth (14th10th) anniversary of the Closing Date but on or before the sixteenth twelfth (16th12th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth twelfth (16th12th) anniversary of the Closing Date but on or before the eighteenth thirteenth (18th13th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth thirteenth (18th13th) anniversary of the Closing Date but on or before the twentieth fourteenth (20th14th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth fourteenth (20th14th) anniversary of the Closing Date but on or before the twenty-second fifteenth (22nd15th) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter. The foregoing, notwithstanding, it is expressly understood that Non-Extension, as such term is defined in the Sublease Agreement, is not, in and of itself, a Recapture Event.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto to this Agreement that the Agency is issuing the Bonds to finance the Project and is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company Lessee hereby agrees that if as follows: (b) If there shall occur a Recapture Event (as defined below) after prior to the after completion of the date hereofProject and occupancy of the Facility for its intended purposes by the Lessee, the Company Lessee shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount Agency, all Benefits (as follows defined below). (such amountc) If there shall occur a Recapture Event after the Substantial Completion Date (as defined below), the “Recapture Lessee shall pay to the Agency as a return of Benefits”):public benefits conferred by the Agency, the following amounts: (i) one hundred percent per cent (100%) of the Benefits (as defined below) Benefits, if the Recapture Event occurs on or before within the eleventh first (11th6) anniversary of years after the Closing Substantial Completion Date; (ii) eighty percent per cent (80%) of the Benefits Benefits, if the Recapture Event occurs during the seventh (7th) year after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Substantial Completion Date; (iii) sixty percent per cent (60%) of the Benefits Benefits, if the Recapture Event occurs during the eighth (8th) year after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Substantial Completion Date; (iv) forty percent per cent (40%) of the Benefits Benefits, if the Recapture Event occurs during the ninth (9th) year after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Substantial Completion Date;; or (v) twenty percent per cent (20%) of the Benefits Benefits, if the Recapture Event occurs during the tenth (10th) year after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Substantial Completion Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh tenth (11th10th) anniversary of the Closing Date; (ii) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh tenth (11th10th) anniversary of the Closing Date but on or before the twelfth (12th) anniversary of the Closing Date; (iii) sixty per cent (60%) of the Benefits if the Recapture Event occurs after the twelfth (12th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iiiiv) sixty percent forty per cent (6040%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (ivv) forty percent twenty per cent (4020%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (vvi) twenty percent ten per cent (2010%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Rental Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh fourteenth (11th14th) anniversary of the Closing Date; (ii) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh (11th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth seventeenth (16th17th) anniversary of the Closing Date; (iviii) forty percent sixty per cent (4060%) of the Benefits if the Recapture Event occurs after the sixteenth seventeenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th17th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (viiv) ten percent forty per cent (1040%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second third (22nd23rd) anniversary of the Closing Date; (v) twenty per cent (20%) of the Benefits if the Recapture Event occurs after the twenty-third (23rd) anniversary of the Closing Date but on or before the twenty-sixth (26th) anniversary of the Closing Date; (vi) ten per cent (10%) of the Benefits if the Recapture Event occurs after the twenty-sixth (26th) anniversary of the Closing Date but on or before the twenty-eight (28th) anniversary of the Closing Date; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (aA) It Notwithstanding anything to the contrary in the Lease Agreement with respect to the Benefits as such term is defined in Section 4.5(B) herof, it is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i1) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh eighth (11th8th) anniversary of the Closing Date; (ii2) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh eighth (11th8th) anniversary of the Closing Date but on or before the tenth (10th) anniversary of the Closing Date; (3) sixty percent (60%) of the Benefits if the Recapture Event occurs after the tenth (10th) anniversary of the Closing Date but on or before the twelfth (12th) anniversary of the Closing Date; (4) forty percent (40%) of the Benefits if the Recapture Event occurs after the twelfth (12th) anniversary of the Closing Date but on or before the thirteenth (13th) anniversary of the Closing Date; (5) twenty percent (20%) of the Benefits if the Recapture Event occurs after the thirteenth (13th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iii6) sixty ten percent (6010%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth fifteenth (16th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd15th) anniversary of the Closing Date; or (vii7) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh eighth (11th8th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh eighth (11th8th) anniversary of the Closing Date but on or before the fourteenth tenth (14th10th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the fourteenth tenth (14th10th) anniversary of the Closing Date but on or before the sixteenth twelfth (16th12th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the sixteenth twelfth (16th12th) anniversary of the Closing Date but on or before the eighteenth thirteenth (18th13th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth thirteenth (18th13th) anniversary of the Closing Date but on or before the twentieth fourteenth (20th14th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth fourteenth (20th14th) anniversary of the Closing Date but on or before the twenty-second fifteenth (22nd15th) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent per cent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh tenth (11th10th) anniversary of the Closing DateDate of the applicable phase of the Project; (ii) eighty percent per cent (80%) of the Benefits if the Recapture Event occurs after the eleventh tenth (11th10th) anniversary of the Closing Date but on or before the twelfth (12th) anniversary of the Closing Date of the applicable phase of the Project; (iii) sixty per cent (60%) of the Benefits if the Recapture Event occurs after the twelfth (12th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing DateDate of the applicable phase of the Project; (iiiiv) sixty percent forty per cent (6040%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing DateDate of the applicable phase of the Project; (ivv) forty percent twenty per cent (4020%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing DateDate of the applicable phase of the Project; (vvi) twenty percent ten per cent (2010%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) Date of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary applicable phase of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing DateProject; or (vii) zero percent per cent (0%) of the Benefits thereafter.

Recapture of Agency Benefits. (a) It is understood and agreed by the parties hereto that the Agency is entering into this Project Agreement in order to provide financial assistance to the Company for the Project Facility and to accomplish the public purposes of the Act. In consideration therefor, the Company and the Recapture Obligor hereby agrees that if there shall occur a Recapture Event (as defined below) after the after the date hereof, the Company Recapture Obligor shall pay to the Agency, or to the State of New York, if so directed by the Agency (except as otherwise specified below) as a return of public benefits conferred by the Agency in an amount as follows (such amount, the “Recapture of Benefits”): (i) one hundred percent (100%) of the Benefits (as defined below) if the Recapture Event occurs on or before the eleventh ninth (11th9th) anniversary of the Closing Date; (ii) eighty percent (80%) of the Benefits if the Recapture Event occurs after the eleventh ninth (11th9th) anniversary of the Closing Date but on or before the tenth (10th) anniversary of the Closing Date; (iii) sixty percent (60%) of the Benefits if the Recapture Event occurs after the tenth (10th) anniversary of the Closing Date but on or before the twelfth (12th) anniversary of the Closing Date; (iv) forty percent (40%) of the Benefits if the Recapture Event occurs after the twelfth (12th) anniversary of the Closing Date but on or before the fourteenth (14th) anniversary of the Closing Date; (iiiv) sixty twenty percent (6020%) of the Benefits if the Recapture Event occurs after the fourteenth (14th) anniversary of the Closing Date but on or before the sixteenth (16th) anniversary of the Closing Date; (ivvi) forty ten percent (4010%) of the Benefits if the Recapture Event occurs after the sixteenth (16th) anniversary of the Closing Date but on or before the eighteenth (18th) anniversary of the Closing Date; (v) twenty percent (20%) of the Benefits if the Recapture Event occurs after the eighteenth (18th) anniversary of the Closing Date but on or before the twentieth (20th) anniversary of the Closing Date; (vi) ten percent (10%) of the Benefits if the Recapture Event occurs after the twentieth (20th) anniversary of the Closing Date but on or before the twenty-second (22nd) anniversary of the Closing Date; or (vii) zero percent (0%) of the Benefits thereafter.