Common use of SUBLEASE PAYMENTS Clause in Contracts

SUBLEASE PAYMENTS. A. District shall pay Lessor sublease payments (the “Sublease Payments”) for the improvements, use and occupancy of the Project and Site. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the improvements and the District’s use and occupancy of the Project and the Site. B. The District shall pay Lessor the portion of the GMP in accordance with the CSA. No Sublease Payment shall be made by the District in an amount that exceeds the aggregate cost approved in accordance with the CSA to the Lessor of the work on the Project completed to the date the Lessor submits an application for payment, less the aggregate amount of all Sublease Payments previously made by the District to the Lessor. C. In the event the District elects to exercise its option under Article 21.B below, the District’s obligations under this Sublease including, but not limited to, the District’s obligations to make Sublease Payments under this Article, shall thereupon cease and terminate. D. Except as specifically provided in this Article and in Article 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. ‌ A. District shall pay Lessor sublease payments (the “Sublease Payments”) for the improvements, use and occupancy of the Project and Site. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the improvements and the District’s use and occupancy of the Project and the Site. B. The District shall pay Lessor the portion of the GMP in accordance with the CSA. No Sublease Payment shall be made by the District in an amount that exceeds the aggregate cost approved in accordance with the CSA to the Lessor of the work on the Project completed to the date the Lessor submits an application for payment, less the aggregate amount of all Sublease Payments previously made by the District to the Lessor. C. In the event the District elects to exercise its option under Article 21.B below, the District’s obligations under this Sublease including, but not limited to, the District’s obligations to make Sublease Payments under this Article, shall thereupon cease and terminate. D. Except as specifically provided in this Article and in Article 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor sublease payments (the “Sublease Payments”) for the improvements, use and occupancy of the Project and Site. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. Under no circumstance may the Sublease Payments, or any component thereof, become due and owing earlier than as set forth herein, payment of which is not and shall not be subject to acceleration. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the improvements and the District’s use and occupancy of the Project and the Site. B. The District shall pay Lessor the portion of the GMP in accordance with the CSA. No Sublease Payment shall be made by the District in an amount that exceeds the aggregate cost approved in accordance with the CSA to the Lessor excess of the work on the Project completed to the date the Lessor submits an application for paymentGMP, less the aggregate amount of all Sublease Payments previously made by the District to the Lessor. C. as defined herein above. In the event the District elects to exercise its option under Article 21.B 19.B below, the District’s obligations under this Sublease including, but not limited to, the District’s obligations to make Sublease Payments under this Article, shall thereupon cease and terminate. D. Except as specifically provided . The Sublease Payments include Fair Rental Value Payments in this Article and in Article 9 hereof or as otherwise provided by law, consideration of the obligation rights of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional as sub-lessee hereunder, as well as the other elements of the GMP detailed in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoeveraccordance with Article 5 of the Construction Services Agreement.

SUBLEASE PAYMENTS. A. District shall pay Lessor sublease lease payments (the “Sublease Payments”) for as provided by the improvements, use and occupancy Construction Services Agreement. In no event shall the sum of the Project and Site. The obligation of the District to pay Sublease Payments due hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the improvements and the District’s use and occupancy of the Project and the Site. B. The District shall pay Lessor the portion of exceed the GMP as it may be revised by District from time to time in accordance with the CSAprovisions set forth in the Construction Services Agreement. No The Sublease Payment Payments shall be made by the District in an amount that exceeds the aggregate cost approved in accordance with the CSA adjusted to reflect any adjustment to the Lessor GMP agreed to in writing by District and Lessor. District shall have no obligation to make Sublease Payments hereunder in the event the Effective Date of this Sublease does not occur as a result of District’s inability to issue a Notice to Proceed for the Project pursuant to the provisions of Section 5 of the work on Construction Services Agreement. B. Should District fail to pay any part of the Project completed to the date the Lessor submits an application for payment, less the aggregate amount of all Sublease Payments previously made by not otherwise excused pursuant to this Section or Section 9, below, within fifteen (15) business days from the due date thereof, District to the shall, upon Lessor.’s written request, pay interest on such delinquent C. In the event the that District elects to exercise exercises its option under Article 21.B Section 27.B., below, and purchases the Project by paying the Prepayment Price, District’s obligations under this Sublease includingLease, including but not limited to, the to District’s obligations obligation to make pay Sublease Payments under this ArticleSection, shall thereupon cease and terminate. D. Except as specifically provided in this Article and in Article 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.

SUBLEASE PAYMENTS. A. District shall pay Lessor sublease payments (the “Sublease Payments”) for the improvements, use and occupancy of the Project various Projects and SiteSites. The obligation of the District to pay Sublease Payments hereunder shall constitute a current expense of the District and shall not in any way be construed to be a debt of the District in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the District, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of the District. The Sublease Payments, which the parties acknowledge and agree, are good and sufficient consideration for the improvements and the District’s use and occupancy of the Project and the Site. B. The District shall pay Lessor the portion of the GMP in accordance with the CSA. No Sublease Payment shall be made by the District in an amount that exceeds the aggregate cost approved in accordance with the CSA to the Lessor of the work on the Project completed to the date the Lessor submits an application for payment, less the aggregate amount of all Sublease Payments previously made by the District to the Lessor. C. In the event the District elects to exercise its option under Article 21.B below, the District’s obligations under this Sublease including, but not limited to, the District’s obligations to make Sublease Payments under this Article, shall thereupon cease and terminate. D. Except as specifically provided in this Article and in Article 9 hereof or as otherwise provided by law, the obligation of the District to make Sublease Payments when due and payable hereunder will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, abatement or recoupment for any reason whatsoever.