Common use of Facility Development Clause in Contracts

Facility Development. With respect to the Facilities, WCCI shall begin construction on converting the Facilities pursuant to the following development schedule: A) December 1, 1998 Facility located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ B) December 15, 1998 Facility located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ C) January 15, 1999 Facility located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ D) March 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 E) May 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January I, 1999 F) July 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January I, 1999 G) September 15, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 H) December 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 In the event WCCI elects not to develop the Facilities identified as (G) and (H) above, WCCI shall pay to NYBE the sum of Two Thousand Five Hundred Dollars ($2,500.00) per Facility and, shall *Prior to the commencement of construction on any Facility, WCCI shall obtain a bid for the costs and expenses associated with the conversion and opening of that Facility and shall deliver such bid to NYBE. It is understood and agreed by the parties hereto that WCCI shall pay the first One Hundred Fifty Thousand Dollars ($150.000.00) of the conversion costs with respect to any particular Facility, and the Project Entity shall pay the additional costs and expenses associated with the conversion. In the event WCCI fails to meet the development schedule, its obligation to corem-byte the first One Hundred Fifty Thousand Dollars ($150,000) shall increase each month by the amount of rent for the particular Facility that is behind schedule until such time as construction **Notwithstanding anything to the contrary contained herein, it is understood and agreed by the parties hereto that WCCI shall pay seventy percent (70%) and NYBE shall pay thirty percent (30%), respectively, of the pre-opening costs and expenses, relating to the construction and opening of this Facility. Therefore be released from its obligation to convert these Facilities. WCCI shall have the right to substitute Facilities into the development schedule, or rearrange the order in which the Facilities are to be developed, provided that the development schedule timing is not affected.

Facility Development. With respect to the Facilities, WCCI shall begin construction on converting the Facilities pursuant to the following development schedule:schedule (*): A) December 1, 1998 Facility located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ B) December 15, 1998 Facility located at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ C) January 15, 1999 Facility located at ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ (**) D) March 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 E) May 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January I1, 1999 F) July 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January I1, 1999 G) September 15, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 H) December 1, 1999 Facility to be selected at sole discretion of WCCI, no later than January 1, 1999 In the event WCCI elects not to develop the Facilities identified as (G) and (H) above, WCCI shall pay to NYBE the sum of Two Thousand Five Hundred Dollars ($2,500.00) per Facility and, shall ------------------------ (*)Prior to the commencement of construction on any Facility, WCCI shall obtain a bid for the costs and expenses associated with the conversion and opening of that Facility and shall deliver such bid to NYBE. It is understood and agreed by the parties hereto that WCCI shall pay the first One Hundred Fifty Thousand Dollars ($150.000.00150,000.00) of the conversion costs with respect to any particular Facility, and the Project Entity shall pay the additional costs and expenses associated with the conversion. In the event WCCI fails to meet the development schedule, its obligation to corem-byte contribute the first One Hundred Fifty Thousand Dollars ($150,000) shall increase each month by the amount of rent for the particular Facility that is behind schedule until such time as construction begins. (**)Notwithstanding anything to the contrary contained herein, it is understood and agreed by the parties hereto that WCCI shall pay seventy percent (70%) and NYBE shall pay thirty percent (30%), respectively, of the pre-opening costs and expenses, relating to the construction and opening of this Facility. Therefore thereafter be released from its obligation to convert these Facilities. WCCI shall have the right to substitute Facilities into the development schedule, or rearrange the order in which the Facilities are to be developed, provided that the development schedule timing is not affected.