Courthouse Square Agreements (compiled notebook)

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~ 1.3.4.2 If the Termination Date is after completion of the schematic dra«~inas of the redesianed Pro'ect hut rior to com letion of the F' Plans for ttle Pro'ect, ttie Termination Fee sfial( be (~0 % of the I3asic F, less tha portion of the I3asic. Fee alreadv paid to Developer as of the Ter ' tion Date: 1.3.4.3 If the Termination Date ' er com letion of the Fina Plans but rior to the Com letion Date, the Ter 'nation Fee shall be 80 % of the Basic Fee and 70% of the Commissionin e, less that ortion of the Basic Fee and the CommissioninQ Fee alreadv a' o Developer as of the Termination Date: and 1. . If the Termination Date is after the Com letion Date. but rior to com ion of Commissionin as defined in Section 2.3 of the attache~ Schedule 2 e Termination Fee sha(1 be 100% of the Basic Fee lus 80 % of the Co ssionina Fee, less that ortion of the Basic Fee and the Commissionina Fee readv paid to Deve(oper as of the Termination Date. 2. Definitions The terms detined in this Section shall, for all purposes of this AQreement, have the meanings herein specified. unless the context othec-~vise reauires: 2.1 The term "Project Budget" shall mean budaet of expenditures relating to ~ the Project prepared by\Be~e~e~er, and accepted by Owner. ~~~~~~~~~r 2.2 The term "Applicable Laws" shall mean all governmental la~vs, ordinances, rules, regulations. requirements, or restrictions imposed by the United States, the State of Oregon, the County of Marion, the City of Salem or anv other~jurisdiction, which as a ~, .~- , matter of law, are applicable to the Project, this Agreement.h3~~~~e~-, Owner, or the parties' conduct under this Agreement. including but not limited to the FT'A Requirements. to the ertent to which~~~~is required by law to comply with the FT_-~ Requirements. M,a~:~,~.~~ P~1c~~a~~r 2.3 The term "Basic Fee" shall mean the fee pavable to ~eu~.Le.p~ as described in Section 2.1.01 of the attached Schedule 2. 2.4 The term "Completion Date" shall mear. that date on «~hich all of the following conditions shalf have been met: (a) the construction of the basic Buildina has been completed, (b) a certificate of occupancy shall have been issued therefor, (c) tenant~ impravements for the initial oftice space in the Building to be occupied by O~~ner ~-e-~t~ ~ not to exceed~9~69e square fee~~have been ~ompleted, and (d) the Buildina equipment a~ld systems are operational. '~~' .~ . e , ~, e~re~-S~e~red-rrFe~-~- , J ~ 2.~' The terrn "Construction Period" shall me; n the period of time commencina on the date hereof vld endin~ on the Completion Date. 3 oi~;;?o hE~