Common use of Termination Value Recomputation Clause in Contracts

Termination Value Recomputation. If Lessor suffers an Inclusion, Termination Values associated with the Leased Facility or with the portion thereof to which such Inclusion relates shall thereupon, without further act of the parties hereto or to the other Lease Documents, be adjusted upward or downward, if and to the extent necessary to reflect such Inclusion (such adjustments to be in accordance with the methodology and assumptions (including the tax assumptions set forth in Section 3.1) as were employed in originally calculating Termination Values, varying such assumptions to take into account the circumstances giving rise to such Inclusion (and any previous Inclusion) and any net tax detriments to Lessor arising as a result thereof). If any adjustment to Termination Values is required as a result of an Inclusion that has occurred, Lessor shall provide Lessee a statement setting forth the revised Termination Values as determined by Lessor. Such statement shall describe in reasonable detail the basis for computing such new values. If no adjustment to Termination Values is required as a result of an Inclusion that has occurred, and if requested in writing by Lessee, Lessor shall provide Lessee with a statement that no such adjustment has been made. If requested by Lessee, such statement shall be verified in accordance with the same procedures as are provided in Section 6.2 for the verification of amounts payable pursuant to this Schedule 19.2, and such verification shall bind Lessor and Lessee.

Termination Value Recomputation. If Lessor suffers an Inclusion, Termination Values associated with the Leased Facility or with the portion thereof to which such Inclusion relates shall thereupon, without further act of the parties hereto or to the other Lease Documents, be adjusted upward or downward, if and to the extent necessary to reflect such Inclusion (such adjustments to be in accordance with the methodology and assumptions (including the tax assumptions set forth in Section 3.1) as were employed in originally calculating Termination Values, varying such assumptions to take into account the circumstances giving rise to such Inclusion (and any previous Inclusion) and any net tax detriments to Lessor arising as a result thereof). If any adjustment to Termination Values is required as a result of an Inclusion that has TO THE FACILITY LEASE occurred, Lessor shall provide Lessee a statement setting forth the revised Termination Values as determined by Lessor. Such statement shall describe in reasonable detail the basis for computing such new values. If no adjustment to Termination Values is required as a result of an Inclusion that has occurred, and if requested in writing by Lessee, Lessor shall provide Lessee with a statement that no such adjustment has been made. If requested by Lessee, such statement shall be verified in accordance with the same procedures as are provided in Section 6.2 7.2 for the verification of amounts payable pursuant to this Schedule 19.2, and such verification shall bind Lessor and Lessee.

Termination Value Recomputation. If Lessor suffers an Inclusion, Termination Values associated with the Leased Facility or with the portion thereof to which such Inclusion relates shall thereupon, without further act of the parties hereto or to the other Lease Documents, SCHEDULE 19.2 TO THE FACILITY LEASE be adjusted upward or downward, if and to the extent necessary to reflect such Inclusion (such adjustments to be in accordance with the methodology and assumptions (including the tax assumptions set forth in Section 3.1) as were employed in originally calculating Termination Values, varying such assumptions to take into account the circumstances giving rise to such Inclusion (and any previous Inclusion) and any net tax detriments to Lessor arising as a result thereof). If any adjustment to Termination Values is required as a result of an Inclusion that has occurred, Lessor shall provide Lessee a statement setting forth the revised Termination Values as determined by Lessor. Such statement shall describe in reasonable detail the basis for computing such new values. If no adjustment to Termination Values is required as a result of an Inclusion that has occurred, and if requested in writing by Lessee, Lessor shall provide Lessee with a statement that no such adjustment has been made. If requested by Lessee, such statement shall be verified in accordance with the same procedures as are provided in Section 6.2 7.2 for the verification of amounts payable pursuant to this Schedule 19.2, and such verification shall bind Lessor and Lessee.