STIPULATED LOSS VALUE. After Lessor’s receipt of notice of the occurrence of any Total Loss of any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “Stipulated Loss Value”, as of any particular date, shall be the product obtained by multiplying the Lessor’s Cost for the Unit in question by the percentage, as set forth in the “Schedule of Stipulated Loss Values” attached as Annex II, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot be readily determined from the Lessor’s Cost set forth above, then the Lessor’s Cost for such portion shall be as reasonably calculated by Lessor, which shall be binding upon Lessee absent manifest error.
Appears in 10 contracts
Samples: Lease Agreement (Spansion Inc.), Lease Agreement (Spansion Inc.), Lease Agreement (Spansion Inc.)
STIPULATED LOSS VALUE. After Lessor’s 's receipt of notice of the occurrence of any Total Loss of or other relevant event relating to any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “"Stipulated Loss Value”", as of any particular date, shall be the product obtained by multiplying the Lessor’s 's Cost for the Unit in question by the percentage, as set forth in the “"Schedule of Stipulated Loss Values” " attached as Annex III, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot be readily determined from the Lessor’s 's Cost set forth above, then the Lessor’s 's Cost for such portion shall be as reasonably calculated by Lessor, which shall be binding upon Lessee absent manifest errorand notified to Lessee. 6.
Appears in 3 contracts
Samples: Lease Agreement (Tor Minerals International Inc), Tor Minerals International Inc, Tor Minerals International Inc
STIPULATED LOSS VALUE. After Lessor’s receipt of notice of the occurrence of any Total Loss of any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “Stipulated Loss Value”, as of any particular date, shall be the product obtained by multiplying the Lessor’s Cost for the Unit in question by the percentage, as set forth in the “Schedule of Stipulated Loss Values” attached as Annex II, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. Value If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot be readily determined from the Lessor’s Cost set forth above, then the Lessor’s ’s. Cost for such portion shall be as reasonably calculated by Lessor, which shall be binding upon Lessee absent manifest error.
Appears in 1 contract
Samples: Spansion Inc.
STIPULATED LOSS VALUE. After Lessor’s 's receipt of notice of the occurrence of any Total Loss of or other relevant event relating to any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “"Stipulated Loss Value”", as of any particular date, shall be the product obtained by multiplying the Lessor’s 's Cost for the Unit in question by the percentage, as set forth in the “"Schedule of Stipulated Loss Values” " attached as Annex III, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot 1 be readily determined from the Lessor’s 's Cost set forth above, then the Lessor’s 's Cost for such portion shall be as reasonably calculated Pro-Rated by Lessor, which shall be binding upon Lessee absent manifest errorand notified to Lessee.
Appears in 1 contract
STIPULATED LOSS VALUE. After Lessor’s Xxxxxx's receipt of notice of the occurrence of any Total Loss of or other relevant event relating to any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “"Stipulated Loss Value”", as of any particular date, shall be the product obtained by multiplying the Lessor’s 's Cost for the Unit in question by the percentage, as set forth in the “"Schedule of Stipulated Loss Values” " attached as Annex III, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot be readily determined from the Lessor’s 's Cost set forth above, then the Lessor’s 's Cost for such portion shall be as reasonably calculated by Lessor, which shall be binding upon Lessee absent manifest errorand notified to Lessee. BADS Lease Agreement Schedule (standard FMV) 3-02 "**[Confidential Treatment Requested] indicates portions of this document have been deleted from this document and have been separately filed with the Securities and Exchange Commission."
Appears in 1 contract
Samples: Tor Minerals International Inc
STIPULATED LOSS VALUE. After Lessor’s receipt of notice of the occurrence of any Total Loss or other relevant Event of Default relating to any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “Stipulated Loss Value”, as of any particular date, shall be the product obtained by multiplying the Lessor’s Cost for the Unit in question by the percentage, as set forth in the “Schedule of Stipulated Loss Values” attached as Annex III, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot be readily determined from the Lessor’s Cost set forth above, then the Lessor’s Cost for such portion shall be as reasonably calculated pro rata by Lessor, which shall be binding upon Lessee absent manifest errorand notified to Lessee.
Appears in 1 contract
Samples: Lease Agreement (Hub Group Inc)
STIPULATED LOSS VALUE. After Lessor’s Lxxxxx's receipt of notice of the occurrence of any Total Loss of or other relevant event relating to any Unit, Lessor shall calculate the Stipulated Loss Value for such Unit and give Lessee notice thereof. Such “"Stipulated Loss Value”", as of any particular date, shall be the product obtained by multiplying the Lessor’s 's Cost for the Unit in question by the percentage, as set forth in the “"Schedule of Stipulated Loss Values” " attached as Annex III, specified opposite the rent installment number (or date) becoming due immediately after the date Lessee gives or is required to give Lessor notice requiring payment of the Stipulated Loss Value. If only a portion of the Units is affected by any event causing calculation of Stipulated Loss Value, and the cost of such portion cannot be readily determined from the Lessor’s 's Cost set forth above, then the Lessor’s 's Cost for such portion shall be as reasonably calculated by Lessor, which shall be binding upon Lessee absent manifest errorand notified to Lessee. 6.
Appears in 1 contract
Samples: Tor Minerals International Inc