Cost. Notwithstanding the foregoing, the provisions of this [Section 6.12] shall not apply to assets as to which the Administrative Agent and the Domestic Borrower shall reasonably determine that the costs and burdens of obtaining a security interest therein or perfection thereof outweigh the value of the security afforded thereby.

Cost. Notwithstanding the foregoing, the provisions of this Section 6.12 shall not apply to assets as to which the Administrative Agent and the Domestic Borrower shall reasonably determine that the costs and burdens of obtaining a security interest therein or perfection thereof outweigh the value of the security afforded thereby.

All cost overruns in the construction of the Project (exceeding the financing amount hereunder) shall be self-funded (for the avoidance of doubt, financings from banks other than the Lenders shall not be considered self-funded) by the Borrower.

Cost. All Alterations shall be designed and performed by Tenant at Tenant’s cost and expense; provided, however, that if any Alterations require work to be performed outside the Premises, Landlord may elect to perform such work at Tenant’s expense. Notwithstanding the foregoing, Landlord shall provide Tenant with a Tenant Improvement Allowance for Alterations performed by Tenant in connection with the initial build out of the Premises for Tenant’s occupancy (the “Initial Alterations”), including, in an amount not to exceed ten percent (10%) of the Tenant Improvement Allowance, for consultant fees incurred by Tenant in connection with the execution of this Lease. Any unused portion of the Tenant Improvement Allowance remaining as of the later of September 1, 2020 and thirteen (13) months after the Rent Commencement Date shall revert to Landlord and shall not be available for use by Tenant for any other purpose. Disbursement of the Tenant Improvement Allowance shall be in accordance with Section 10.2(g) of this Lease. Notwithstanding anything to the contrary herein, # Landlord shall be solely responsible for all costs due to the presence of Hazardous Materials on or about the Project, and # the Rent Commencement Date shall be extended by one (1) day for each day Tenant’s completion of the Initial Alterations is delayed due to Landlord’s delay. Landlord shall endeavor to respond to any consent or approval request by Tenant within five (5) business days.

#First Floor Cost Proposal. Following approval of the Approved Construction Documents, Landlord shall provide Tenant with a cost proposal in accordance with the Approved Construction Documents, which cost proposal shall include, as nearly as possible, the cost of all Landlord’s First Floor Expansion Premises TI Work to be incurred by Tenant in connection with the design and construction of the Landlord’s First Floor Expansion Premises TI Work and shall include a GMP proposal from Landlord’s Contractor in accordance with Section 3.1 above (collectively, the “First Floor Cost Proposal”). The First Floor Cost Proposal shall include, among other things, a project management fee payable to the Landlord’s project manager of three and one-half percent (3.5%) of the project costs, the Contractor’s fee, general conditions, and a reasonable contingency. The First Floor Cost Proposal may include early trade release packages for long lead time items such as mechanical equipment. Tenant shall approve the First Floor Cost Proposal within five (5) Business Days of the receipt of the same; provided, however, # if Tenant is not satisfied with the amount of the general conditions set out in the First Floor Cost Proposal, then Tenant shall have the right, within five (5) Business Days following its’ receipt of the First Floor Cost Proposal, to request that Landlord and Tenant jointly engage a mutually acceptable independent contractor or construction consultant to conduct a peer review of the amount of the general conditions set out in the First Floor Cost Proposal (the costs of said peer review to be shared equally by Landlord and Tenant); and # Tenant shall have the right to request Tenant

Cost Allocation. All Internal Costs and External Costs associated with implementing a recall, withdrawal, or field alert with respect to a [[Unknown Identifier]] Co-Co Product shall be shared equally (50:50) by the Parties as Other Expenses, in accordance with Section 9.6(a) in the event of such a recall of a [[Unknown Identifier]] Co-Co Product in the Territory.

Replacement Cost. The term “Full Replacement Cost” as used herein shall mean the actual replacement cost of the Hotel requiring replacement from time to time including an increased cost of construction endorsement, if available, and the cost of debris removal. In the event either party to this Agreement believes that full replacement cost (the then-replacement cost less such exclusions) has increased or decreased at any time during the Term, it shall have the right to have such full replacement cost re-determined.

Cost. All Out-of-Pocket Costs incurred in connection with any proceeding under [Section 10.3(a)] shall be borne solely by ​.

GMP /Cost Proposal Approval Date – July 1, 2021

Changes to the Approved Construction Documents within such five (5) Business Days following its receipt of the First Floor Cost Proposal for the purpose of value engineering, in which event the Landlord will cause the Architect to revise the Approved Construction Documents based upon the changes requested by Tenant, as aforesaid, and the Contractor to provide a new First Floor Cost Proposal to Landlord and Tenant for their approval. Without limitation, the approval by Tenant of the First Floor Cost Proposal shall not be unreasonably withheld, conditioned or delayed. Upon Tenant’s approval of a First Floor Cost Proposal, Landlord shall cause the Contractor to purchase the items set forth in the First Floor Cost Proposal and to commence the performance of the Landlord’s First Floor Expansion Premises TI Work. The date on which Tenant approves the First Floor Cost Proposal shall be known hereafter as the “First Floor Cost Proposal Delivery Date”. Time is of the esence of this Section 3.2.