Common use of Remedies on District’s Default Clause in Contracts

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- mutually-agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- re-renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- re-renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Master Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer 23.2.1. Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Master Facilities Lease and re-rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 23.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 23.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by MAI-an MAI- certified appraisersappraiser. 22.5.2.2 23.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 23.2.2.1. Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- renting the Project Site; Site(s), and 22.5.2.2.2 23.2.2.2. Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project SiteSite(s). 22.5.2.3 23.2.3. The District agrees that the terms of this Master Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- re-rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Master Facilities Lease, and further agrees that no acts of Developer Contractor in performing a re-renting as permitted herein shall constitute a surrender or termination of this Master Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer 23.2.1. Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Facilities Lease and re-rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 23.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 23.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by MAI-an MAI- certified appraisersappraiser. 22.5.2.2 23.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 23.2.2.1. Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- renting the Project Site; Site(s), and 22.5.2.2.2 23.2.2.2. Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project SiteSite(s). 22.5.2.3 23.2.3. The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- re-rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer Contractor in performing a re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies available pursuant to law or granted pursuant to this Master Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.2.1. Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 22.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by an MAI-certified appraisersappraiser. 22.5.2.2 22.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.2.2.1. Increased by the amount of costs, expenses, and damages incurred by the Developer in re- renting the Project Site; , and 22.5.2.2.2 22.2.2.2. Decreased by the amount of rent Developer receives in re-letting reletting the Project Site. 22.5.2.3 22.2.3. The District agrees that the terms of this Master Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Master Facilities Lease, and further agrees that no acts of Developer in performing a re-renting as permitted herein shall constitute a surrender or termination of this Master Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Sites shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer 24.2.1. Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Facilities Lease and re-rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 24.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 24.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by MAI-an MAI- certified appraisersappraiser. 22.5.2.2 24.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 24.2.2.1. Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- renting the Project Site; Site(s), and 22.5.2.2.2 24.2.2.2. Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project SiteSite(s). 22.5.2.3 24.2.3. The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- re-rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer Contractor in performing a re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.2.1. Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 22.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by an MAI-certified appraisersappraiser. 22.5.2.2 22.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.2.2.1. Increased by the amount of costs, expenses, and damages incurred by the Developer in re- re-renting the Project Site; , and 22.5.2.2.2 22.2.2.2. Decreased by the amount of rent Developer receives in re-letting reletting the Project Site. 22.5.2.3 22.2.3. The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in performing a re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be:required 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.right

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.right

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.2.1. Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 22.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by an MAI-certified appraisersappraiser. 22.5.2.2 22.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.2.2.1. Increased by the amount of costs, expenses, and damages incurred by the Developer in re- renting the Project Site; , and 22.5.2.2.2 22.2.2.2. Decreased by the amount of rent Developer receives in re-letting reletting the Project Site. 22.5.2.3 22.2.3. The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-performing a re- renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Master Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer 22.2.1. Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Master Facilities Lease and re-rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 22.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 22.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by MAI-an MAI- certified appraisersappraiser. 22.5.2.2 22.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.2.2.1. Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- renting the Project Site; Site(s), and 22.5.2.2.2 22.2.2.2. Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project SiteSite(s). 22.5.2.3 22.2.3. The District agrees that the terms of this Master Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- re-rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Master Facilities Lease, and further agrees that no acts of Developer Contractor in performing a re-renting as permitted herein shall constitute a surrender or termination of this Master Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be:required 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers.appraisal 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be:required 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers.. Facilities Lease Page 31 SHS Three Relocatable Classroom Building Project 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 In addition to its other remedies granted herein, Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-re- rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be:the 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- re-renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site.rent 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.the

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.6.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 22.6.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.6.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 22.6.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.6.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 22.6.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The 22.6.2.3 District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers.appraisal 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer 24.2.1. Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Facilities Lease and re-rent re‐rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 24.2.1.1. An amount determined by a mutually- agreed mutually‐agreed upon appraiser; , or 22.5.2.1.2 24.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by MAI-an MAI‐ certified appraisersappraiser. 22.5.2.2 24.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 24.2.2.1. Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- re‐ renting the Project Site; Site(s), and 22.5.2.2.2 24.2.2.2. Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project SiteSite(s). 22.5.2.3 24.2.3. The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- rent re‐rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer Contractor in re-renting performing a re‐renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent re‐rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-MAI- certified appraisers. 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- re-renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site.. D R A F T 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-re- renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be:required 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- renting the Project Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer . Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Facilities Lease and re-rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 : An amount determined by a mutually- mutually-agreed upon appraiser; or 22.5.2.1.2 , or If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by an MAI-certified appraisers. 22.5.2.2 appraiser. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C shall be: 22.5.2.2.1 : Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- re-renting the Project Site; and 22.5.2.2.2 Site(s), and Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project Site. 22.5.2.3 Site(s). The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- re-rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer Contractor in performing a re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer the Contractor may exercise any and all remedies available pursuant to law or granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C C2 or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer 23.2.1. Contractor may rescind its leaseback of the Project Site Site(s) to the District under this Facilities Lease and re-rent the Project Site Site(s) to another lessee for the remaining Term for no less than the fair market value for leasing the Project SiteSite(s), which shall be: 22.5.2.1.1 23.2.1.1. An amount determined by a mutually- mutually-agreed upon appraiser; , or 22.5.2.1.2 23.2.1.2. If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer Contractor appraisal for the Project SiteSite(s), both prepared by MAI-an MAI- certified appraisersappraiser. 22.5.2.2 23.2.2. District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Project Cost Provisions indicated in Exhibit C C2 shall be: 22.5.2.2.1 23.2.2.1. Increased by the amount of costs, expenses, and damages incurred by Developer the Contractor in re- renting the Project Site; Site(s), and 22.5.2.2.2 23.2.2.2. Decreased by the amount of rent Developer Contractor receives in re-letting reletting the Project SiteSite(s). 22.5.2.3 23.2.3. The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer Contractor to re- re-rent the Project Site Site(s) in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer Contractor in performing a re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site Site(s) shall vest in Developer Contractor as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-MAI- certified appraisers. 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- re-renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site. 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-re- renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, the Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 22.4.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project Site, which shall be: 22.5.2.1.1 22.4.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 22.4.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project Site, both prepared by MAI-certified appraisers. 22.5.2.2 22.4.2.2 District’s obligation to make the payments required pursuant to the GMP provisions Guaranteed Maximum Price Provisions indicated in Exhibit C shall be: 22.5.2.2.1 22.4.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- re-renting the Project Site; and 22.5.2.2.2 22.4.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project Site.rent 22.5.2.3 22.4.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- re-rent the Project Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project Site shall vest in Developer as indicated herein.

Remedies on District’s Default. If there has been an Event of Default on the District’s part, Developer may exercise any and all remedies granted pursuant to this Facilities Lease; provided, however, there shall be no right under any circumstances to accelerate any of the payments required pursuant to the GMP provisions in Exhibit C or otherwise declare those payments not then past due to be immediately due and payable. 22.5.2.1 Developer may rescind its leaseback of the Project Site to the District under this Facilities Lease and re-rent the Project and Site to another lessee for the remaining Term for no less than the fair market value for leasing the Project and Site, which shall be: 22.5.2.1.1 An amount determined by a mutually- agreed upon appraiser; or 22.5.2.1.2 If an appraiser cannot be agreed to, an amount equal to the mean between a District appraisal and a Developer appraisal for the Project and Site, both prepared by MAI-certified appraisers. 22.5.2.2 District’s obligation to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall be: 22.5.2.2.1 Increased by the amount of costs, expenses, and damages incurred by the Developer in re- renting the Project and Site; and 22.5.2.2.2 Decreased by the amount of rent Developer receives in re-letting the Project and Site. 22.5.2.3 The District agrees that the terms of this Facilities Lease constitute full and sufficient notice of the right of Developer to re- rent the Project and Site in the Event of Default without effecting a surrender of this Facilities Lease, and further agrees that no acts of Developer in re-renting as permitted herein shall constitute a surrender or termination of this Facilities Lease, but that, on the contrary, in the event of an Event of Default by the District the right to re-rent the Project and Site shall vest in Developer as indicated herein.