Common use of Performance Thresholds Clause in Contracts

Performance Thresholds. Such amendment, modification or other supplement, shall require the consent and approval of the Company, the Lead Sustainability Structuring Agent and the Administrative Agent and will take effect so long as Lenders constituting Required Lenders do not object to such changes within five Business Days after receiving written notice of such proposed amendment, modification or other supplement. If the Company, the Lead Sustainability Structuring Agent and the Administrative Agent do not agree to any such amendment, modification or supplement following the 60 day period, then, upon the written agreement among the Company, the Lead Sustainability Structuring Agent and the Administrative Agent, which will take effect so long as Lenders constituting Required Lenders do not object to such agreement within five Business Days after the Lenders’ receipt of written notice of such proposed agreement, the Sustainability Applicable Rate Adjustment shall cease to apply for the relevant Key Performance Indicator and, notwithstanding anything to the contrary herein, for all purposes hereunder, the Sustainability Applicable Rate Adjustment for such Key Performance Indicator shall be deemed to be zero. In the case such Key Performance Indicator no longer applies, (i) the Company will then cease to refer to the applicable Key Performance Indicator in the Sustainability Pricing Certificate, (ii) the Maximum Adjustment shall be automatically updated to exclude any adjustments for such Key Performance Indicator and (iii) the Bonus Sustainability Margin Adjustment shall be automatically adjusted to exclude any performance requirement with respect to such Key Performance Indicator; provided that if no Key Performance Indicator applies, notwithstanding anything to the contrary herein and for all purposes hereunder the Bonus Sustainability Margin Adjustment shall be deemed to be zero.

Performance Thresholds. Such amendmentNotwithstanding anything to the contrary contained herein, modification or other supplement, shall require Landlord has entered into this Lease in reliance upon the consent and approval timely performance by Tenant of the Companyrequirements enumerated hereinbelow (referred to individually as a "Performance Threshold" and collectively, as the Lead Sustainability Structuring Agent "Performance Thresholds") to ensure that Tenant will fully comply with its obligation to complete Tenant's Work and open for business in the Administrative Agent and will take effect so long Premises as Lenders constituting Required Lenders do required under this Lease. In the event any Performance Threshold is not object to such changes within five Business Days after receiving written notice of such proposed amendmentfully satisfied on the required date set forth below, modification or other supplement. If the Company, the Lead Sustainability Structuring Agent and the Administrative Agent do not agree to any such amendment, modification or supplement following the 60 day period, then, upon the written agreement among the Company, the Lead Sustainability Structuring Agent and the Administrative Agent, which will take effect so long as Lenders constituting Required Lenders do not object to such agreement within five Business Days after the Lenders’ Tenant shall have two (2) days from its receipt of written notice of from Landlord in which to satisfy the Performance Threshold. If Tenant does not satisfy the Performance Threshold within such proposed agreement, the Sustainability Applicable Rate Adjustment shall cease to apply for the relevant Key Performance Indicator and2-day period, notwithstanding anything to the contrary hereincontained in this Lease, for all purposes hereunderLandlord shall have no further obligation whatsoever under this Lease or otherwise to provide any further notice or cure period to Tenant, and Landlord shall have the Sustainability Applicable Rate Adjustment for such Key Performance Indicator right, in Landlord's sole and absolute discretion, to immediately terminate this Lease, in which event this Lease shall terminate on the date selected by Landlord (in its sole and absolute discretion) and be of no further force. It is expressly agreed and understood that Landlord's right to terminate the Lease as provided in this SECTION 3.6 shall be deemed to be zeroin addition to, and shall not limit in any manner whatsoever, Landlord's rights and remedies for Tenant's default as provided in ARTICLE 16 of this Lease. In It is further expressly agreed and understood that Landlord may, in its sole and absolute discretion, waive the case Performance Threshold conditions (such Key conditions being for the sole and exclusive benefit of Landlord) but only if such waiver is in writing and signed by authorized signatories of Landlord. The "Performance Indicator no longer applies, Thresholds" are as follows: (i) the Company will then cease By January 1, 2008, Tenant must provide Landlord with a copy of its contract with its General Contractor for Tenant's Work and satisfactory evidence of Tenant's ability to refer to the applicable Key Performance Indicator in the Sustainability Pricing Certificate, pay for Tenant's Work. (ii) the Maximum Adjustment shall be automatically updated Tenant must submit its preliminary drawings to exclude any adjustments for such Key Performance Indicator and Landlord in accordance with EXHIBIT C, SECTION I.B.2. (iii) Tenant must submit its final drawings to Landlord in accordance with EXHIBIT C, Section I.B.3. (iv) Tenant must commence construction of Tenant's Work on or before the Bonus Sustainability Margin Adjustment shall be automatically adjusted to exclude any performance requirement with respect to such Key Performance Indicator; provided that if no Key Performance Indicator applies, notwithstanding anything to the contrary herein and for all purposes hereunder the Bonus Sustainability Margin Adjustment shall be deemed to be zeroTenant's Work Commencement Date.