Common use of STIPULATED LOSS VALUES Clause in Contracts

STIPULATED LOSS VALUES. [This shall be a schedule of partially amortizing values satisfactory to the Landlord and Lender which shall begin at, but not exceed, 100% of the purchase price paid by Landlord for the Premises or, if greater, the original Loan amount.] SCHEDULE 2 FIXED RENT AMOUNTS SUBPART A [Rent Chart Calculations Subject To Confirmation By Landlord] Lease Year Rate Per Rentable Square Foot Fixed Rent Per Annum Fixed Rent Per Month 1 $[***] $[***] $[***] 2 $[***] $[***] $[***] 3 $[***] $[***] $[***] 4 $[***] $[***] $[***] 5 $[***] $[***] $[***] 6 $[***] $[***] $[***] 7 $[***] $[***] $[***] 8 $[***] $[***] $[***] 9 $[***] $[***] $[***] 10 $[***] $[***] $[***] 11 $[***] $[***] $[***] 12 $[***] $[***] $[***] 13 $[***] $[***] $[***] 14 $[***] $[***] $[***] 15 $[***] $[***] $[***] SUBPART B During the Initial Term, Fixed Rent shall be paid in the amounts hereinafter set forth in Subpart A of this Schedule 2 with respect to the Initial Term. During any fixed rate Extension Period described in Section 12 of Part I of this Lease, Fixed Rent shall be paid at the Fair Market Rental Value with respect to such fixed rate Extension Periods. Notwithstanding the provisions below, in no event shall the annual Fair Market Rental Value for the first year of the first Extension Period be less than [***] of the annual Fixed Rent for the last year of the Initial Term and the Fair Market Rental Value shall increase by no less than [***] annually each year of any Extension Period. During any Extension Period, Fixed Rent shall be paid in an amount equal to [***] of the Fair Market Rental Value of the Premises for such Extension Period as determined by a Appraiser as hereinafter set forth in this Schedule 2; provided, that during the first [***] years of the first Extension Period, Fixed Rent shall be equal to [***] of the Fair Market Rental Value as so determined. In the event Tenant exercises a Renewal Option to extend this Lease for an Extension Period, then Landlord and Tenant shall attempt in good faith for a period of ten (10) days to agree upon a single Appraiser; and if Landlord and Tenant are so able to agree, the determination by such single Appraiser of a Fair Market Rental Value for the Premises for such Extension Period shall be final and binding on the parties. If Landlord and Tenant are unable to agree upon a single Appraiser within the above-stated ten (10) day period, then the following procedures shall apply:

STIPULATED LOSS VALUES. [This shall be a schedule of partially amortizing values satisfactory to the Landlord and Lender which shall begin at, but not exceed, 100% of the purchase price paid by Landlord for the Premises or, if greater, the original Loan amount.] SCHEDULE 2 FIXED RENT AMOUNTS SUBPART A [Rent Chart Calculations Subject To Confirmation By Landlord] Lease Year Rate Per Rentable Square Foot Fixed Rent Per Annum Fixed Rent Per Month 1 $[$ [ ***] $[$ [ ***] $[$ [ ***] 2 $[$ [ ***] $[$ [ ***] $[$ [ ***] 3 $[$ [ ***] $[$ [ ***] $[$ [ ***] 4 $[$ [ ***] $[$ [ ***] $[$ [ ***] 5 $[$ [ ***] $[$ [ ***] $[$ [ ***] 6 $[$ [ ***] $[$ [ ***] $[$ [ ***] 7 $[$ [ ***] $[$ [ ***] $[$ [ ***] 8 $[$ [ ***] $[$ [ ***] $[$ [ ***] 9 $[$ [ ***] $[$ [ ***] $[$ [ ***] 10 $[$ [ ***] $[$ [ ***] $[$ [ ***] 11 $[$ [ ***] $[$ [ ***] $[$ [ ***] 12 $[$ [ ***] $[$ [ ***] $[$ [ ***] 13 $[$ [ ***] $[$ [ ***] $[$ [ ***] 14 $[$ [ ***] $[$ [ ***] $[$ [ ***] 15 $[$ [ ***] $[$ [ ***] $[$ [ ***] SUBPART B During the Initial Term, Fixed Rent shall be paid in the amounts hereinafter set forth in Subpart A of this Schedule 2 with respect to the Initial Term. During any fixed rate Extension Period described in Section 12 of Part I of this Lease, Fixed Rent shall be paid at the Fair Market Rental Value with respect to such fixed rate Extension Periods. Notwithstanding the provisions below, in no event shall the annual Fair Market Rental Value for the first year of the first Extension Period be less than [***] of the annual Fixed Rent for the last year of the Initial Term and the Fair Market Rental Value shall increase by no less than [***] annually each year of any Extension Period. During any Extension Period, Fixed Rent shall be paid in an amount equal to [***] of the Fair Market Rental Value of the Premises for such Extension Period as determined by a Appraiser as hereinafter set forth in this Schedule 2; provided, that during the first [***] years of the first Extension Period, Fixed Rent shall be equal to [***] of the Fair Market Rental Value as so determined. In the event Tenant exercises a Renewal Option to extend this Lease for an Extension Period, then Landlord and Tenant shall attempt in good faith for a period of ten (10) days to agree upon a single Appraiser; and if Landlord and Tenant are so able to agree, the determination by such single Appraiser of a Fair Market Rental Value for the Premises for such Extension Period shall be final and binding on the parties. If Landlord and Tenant are unable to agree upon a single Appraiser within the above-stated ten (10) day period, then the following procedures shall apply: