Current Cost Estimate. Landlord’s preliminary estimate of the cost of the Option A Work and the Option B Work is $1,000,00.00 and $615,000.00 respectively (together, “Landlord’s Preliminary Cost Estimate”). Tenant hereby acknowledges and agrees that Landlord’s Preliminary Cost Estimate is a non-binding estimate only and that any variance no matter how great between Landlord’s Preliminary Cost Estimate and the costs included in the Parking Cost & Schedule Notice shall have no impact whatsoever on Tenant’s or Landlord’s obligations under this Second Amendment.

Monthly Estimate Reports. Within fifteen (15) Business Days of the end of each month within each Fiscal Quarter, TYME shall provide to Eagle a written report setting forth TYME’s good faith estimate of the Net Sales and the estimated promotion fee payable in respect of such Net Sales for each of such calendar month and the Fiscal Quarter- to-date period, together with its good faith estimates of each of the items described in [Section 6.2.1] above. The Parties acknowledge and agree that the monthly reports shall only set forth TYME’s good faith estimates of the items contained therein and are being provided to Eagle for information purposes only and shall not be determinative of the any amounts due hereunder.

Attached you will find our Opinion of Cost, clarifications and schedule for your new facility located at 913 Industrial Park, [[Address C:Address]]. Our estimate with an 80% confidence level is $ 29,812,379 with an immediate start and delivered in a design-build fashion using CRB for Architecture/Engineering and Construction for a turn-key delivery approach.

Payoffs and Assumptions. The Servicer shall provide to the Owner, or its designee, copies of all assumption and payoff statements generated by the Servicer on the related Mortgage Loans from the related Cut-off Date to the related Outbound Transfer Date.

Definitions and Assumptions. For purposes of this Agreement: # the terms “excess parachute payment” and “parachute payments” shall have the meanings assigned to them in Code [Section 280G] and such “parachute payments” shall be valued as provided therein; # present value shall be calculated in accordance with Code [Section 280G(d)(4)]; # the term “Base Amount” means an amount equal [[Organization A:Organization]] Executive’s “annualized includible compensation for the base period” as defined in Code [Section 280G(d)(1)]; # for purposes of the determination by the Consulting Firm, the value of any non-cash benefits or any deferred payment or benefit shall be determined in accordance with the principles of Code [Sections 280G(d)(3) and (4)])]; and # the Executive shall be deemed to pay federal income tax and employment taxes at the Executive’s actual marginal rate of federal income and employment taxation, and state and local income taxes at the Executive’s actual marginal rate of taxation in the state or locality of the Executive’s domicile (determined in both cases in the calendar year in which the termination of employment or notice described in Section 5(b) above is given, whichever is earlier), net of the maximum reduction in federal income taxes that may be obtained from the deduction of such state and local taxes. The covenants set forth in Sections 6 and 7 of this Agreement have substantial value [[Organization A:Organization]] and a portion of any Total Payments made to the Executive are in consideration of such covenants. For purposes of calculating the “excess parachute payment” and the “parachute payments”, the Parties intend that an amount equal to not less than the Executive's highest annual base salary during the 12-month period immediately prior [[Organization A:Organization]] Executive’s termination of employment shall be in consideration of the covenants in Sections 6 and 7 below. The Consulting Firm shall consider all relevant factors in appraising the fair value of such covenants and in determining the amount of the Total Payments that shall not be considered to be a “parachute payment” or “excess parachute payment”. The determination of the Consulting Firm shall be addressed [[Organization A:Organization]] and the Executive and such determination shall be binding upon the Company and the Executive.

SUBSTITUTIONS AND ASSUMPTIONS. The Board or the Committee shall have the right to substitute or assume Awards in connection with mergers, reorganizations, separations, or other transactions to which Section 424(a) of the Code applies, provided such substitutions and assumptions are permitted by Section 424 of the Code and the regulations promulgated thereunder. The number of Shares reserved pursuant to [Section 4(a)] may be increased by the corresponding number of Awards assumed and, in the case of a substitution, by the net increase in the number of Shares subject to Awards before and after the substitution.

Business Model Assumptions. The Parties understand and agree that the material business terms set forth in this Agreement are intended to create a mutually beneficial business relationship and KeHE used certain assumptions set forth on Exhibit C (the “Assumptions”) to form a basis for its negotiations. ​

Initial Protocol Assumptions. The Initial Protocol Assumptions exhibit to each Project Agreement shall represent the understanding of the Parties as to the requirements of the Program as of the date of the Project Agreement.

assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Loan Parties’ best estimate of its future financial performance.

The consolidated forecasted balance sheet and statements of income and cash flows of the REIT and its Consolidated Subsidiaries delivered pursuant to Section 6.01(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the REIT’s best estimate of its future financial condition and performance.