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Replacement Project
Replacement Project contract clause examples

Replacement Project. Notwithstanding the foregoing, [[Lonza:Organization]] will use commercially reasonable efforts to secure a new project ​ for the cGMP manufacturing space, ​, and then, in such case, the Cancellation Fee for each Batch cancelled that is replaced by a Batch of the new project shall be reduced by an amount equal to ​ of the production fees associated with such replacement Batch.

Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project (but excluding any project for which, at the time of cancellation, there is a binding obligation on Lonza to conduct or reserve capacity) for manufacturing space and for the same dates and duration that would have been occupied by Customer; and then in such case the Cancellation Fee for each Batch cancelled that is replaced by a batch of the new project shall be reduced by [Redacted] of the fees associated with such replacement batch. Lonza shall use commercially reasonable efforts to identify and secure a new project(s) (but excluding any project for which, at the time of cancellation or delay, there is a binding obligation on Lonza to conduct or reserve capacity) to utilize resources reserved for cancelled or delayed Services and to the extent such resources were utilized the Cancellation Fee, as applicable, for cancelled and/or delayed Services shall be reduced by an amount [Redacted] of the fees associated with such alternative utilization of resources.

Project Amenities. Landlord, at its sole cost, in accordance with all Applicable Laws and in a good and workmanlike manner, shall construct meeting rooms, a food service area and a fitness center for non- exclusive use of all the tenants of the Project (the “Project Amenities”) in the building known as Building 700 in Chestnut Run Plaza. Landlord shall use commercially reasonable efforts to substantially complete the construction of the Project Amenities (i.e., the Project Amenities are complete, subject only to incomplete items which do not adversely affect in a material way or materially interfere with Tenant’s use of the Project Amenities in accordance with the terms and conditions of this paragraph) on or before November 15, 2022, subject to extension for Excusable Delays (as defined below). Notwithstanding the foregoing, if the construction of the Project Amenities is not substantially completed on or before February 15, 2023, as such date shall be extended for Excusable Delays (such date, as extended, the “Project Amenities Penalty Date”), then Tenant shall receive a credit, which credit shall be applied against Base Rent next due and owing under the Lease, of $466.66 per day for each day after the Project Amenities Penalty Date until the date that the Project Amenities have been substantially completed. Upon the completion of the construction of the Project Amenities, during the Term or any extended Term, and subject

Replacement Project. Notwithstanding the foregoing, Lonza will use commercially reasonable efforts to secure a new project (but excluding any project for which, at the time of cancellation, there is a binding obligation on Lonza to conduct or reserve capacity) for manufacturing space and for the same dates and duration that would have been occupied by Customer; and then in such case the Cancellation Fee for each Batch cancelled that is replaced by a batch of the new project shall be reduced by [Redacted] of the fees associated with such replacement batch. Lonza shall use commercially reasonable efforts to identify and secure a new project(s) (but excluding any project for which, at the time of cancellation or delay, there is a binding obligation on Lonza to conduct or reserve capacity) to utilize resources reserved for cancelled or delayed Services and to the extent such resources were utilized the Cancellation Fee, as applicable, for cancelled and/or delayed Services shall be reduced by an amount [Redacted] of the fees associated with such alternative utilization of resources.

Project. The development depicted on Exhibit A-11] and known as America Center consisting of the real property and all improvements built thereon, including, without limitation, the Land, the Building, the Other Buildings, the Common Area, and Parking Facilities, containing approximately 427,600 Rentable Square Feet in the Phase I Buildings and 465,045 Rentable Square Feet in the Phase II Buildings. The “Phase I Buildings” means the buildings identified on Exhibit A-11] as Existing Building 1 located at 6001 America Center Drive, San Jose, California 95002 and as Existing Building 2 located at 6201 America Center Drive, San Jose, California 95002. The “Phase II Buildings” means the Building, the Amenity Building and the building identified on Exhibit A-11] as Phase II Building 3 located at 6280 America Center Drive, San Jose, California 95002 (“Building 3”). The “Other Buildings” means the Phase I Buildings, the Amenity Building, Building 3 and any other buildings located on the Land that Landlord may elect to include as part of the Project from time to time. Landlord reserves the right to adjust the Rentable Square Footage of the Project and the Other Buildings by delivering notice to Tenant that one or more Other Buildings have been sold, constructed, modified or removed from the Project or that the Common Areas have been modified.

Project. That certain office/research and development project commonly known as 1200 Concord Ave. and 1220 Concord Ave., [[Address A:Address]] as more fully described on Exhibit A attached hereto and incorporated herein (the “Real Property”). The Project consists of # two (2) office buildings with an aggregate rentable square footage (the “Rentable Area”) of approximately 362,130 square feet, # the Facilities (as such terms is hereinafter defined in Section 5(a)(ii), below) including, without limitation, a 4-level parking garage (the “Parking Garage”); and # the land on upon which such buildings, Facilities and other improvements are located, all as generally shown on the site plan attached as Exhibit B to this Lease (the “Site Plan”). The Rentable Area of the Project, the Building (as defined below), and the Premises (as defined below) was calculated in accordance with the Office Buildings: Standard Methods of Measurement ANSI/BOMA [[Unknown Identifier]] (Method B) (the “BOMA Standards”).

in the event that, at any time that any Project Disposition/Refinancing Proceeds are deposited into the Project Proceeds Account pursuant to [clause (i) above] in respect of any Project Disposition/Refinancing (other than any Project Disposition/Refinancing with respect to a specific Project Company to the extent that # such specific Project Company shall have previously consummated a prior Project Disposition/Refinancing following the Closing Date and # a portion of the proceeds from such prior Project Disposition/Refinancing in respect of such specific Project Company shall have previously been deposited in the Module Replacement Reserve Account pursuant to this clause (ii)), the amount then held in the Module Replacement Reserve Account is less than the then effective Required Module Replacement Reserve Amount, the Administrative Agent shall instruct the Depositary Bank to release and distribute to the Module Replacement Reserve Account an amount contained in the Project Proceeds Account equal to the lesser of # $5,000,000 (or, in the event that such Project Disposition/Refinancing is with respect to the Bolthouse Project or the Tulare Project, $1,000,000) and # the maximum amount necessary to be deposited into the Module Replacement Reserve Account on such date in order for the amount held in the Module Replacement Reserve Account to equal the then effective Required Module Replacement Reserve Amount;

Replacement Project. Notwithstanding the foregoing, [[Lonza:Organization]] will use commercially reasonable efforts to secure a new project ​ for the cGMP manufacturing space, ​, and then, in such case, the Cancellation Fee for each Batch cancelled that is replaced by a Batch of the new project shall be reduced by an amount equal to ​ of the production fees associated with such replacement Batch.

Project. The site plan depicting the contemplated configuration of the Project is attached hereto as Exhibit A‑1. Notwithstanding the foregoing or anything contained in this Lease to the contrary, Landlord has no obligation to expand or otherwise make any improvements within the Project (other than Landlord's obligation to perform all work necessary for the Final Condition (as described in Section 1.3 of the Work Letter) and the obligation to construct Buildings 1 and 2 within Phase 1 so that Tenant's Right of First Offer described in Section 1.3, below shall be exercisable).

Project. The Building and Premises is set on approximately 87,120 square feet of land in the City of El Segundo (the “Project”). The term "Project" as used in this Lease, shall mean, collectively: # the Building; # all Common Areas (as defined below); # any additional improvements, facilities and common areas which Landlord may add thereto from time to time within or as part of the Project, including landscaping and hardscaping; and # the land upon which any of the foregoing are situated. Notwithstanding the foregoing or anything contained in this Lease to the contrary, # Landlord has no obligation to expand or otherwise make any improvements within the Project, and # Landlord shall have the right from time to time to include or exclude any improvements or facilities within the Project. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location, dimensions, identities and types of any buildings, signs or other improvements that constitute the Project and the Common Areas.

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