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<br />the necessary building permits. Upon payment of an Advance Payment and until <br />the eélrlier of the following, the amount of éldditional GBFA Flatirons is entitled to <br /> <br />construct is determined by dividing the Advélnce Payment by the Agreed Char-ge <br /> <br />Rate for the fiscal yeélr in which the Advance Payment is mélde and multil'lying the <br /> <br />quotient by 2,000: <br /> <br />(i) <br /> <br />The total GBFA authorized under subsection (b), under this <br /> <br />subsection (including any GBF A to be authorized upon payment <br /> <br />of an Advance Pélyment) élnd under buildin~ permits issued <br /> <br />prior to January 1, 2002 is equal to or greater than 525,000 square <br /> <br />, , .. <br /> <br />feet; or <br /> <br />" " .. <br /> <br />(ii) <br /> <br />January I, 2002. <br /> <br />, <br /> <br />- .. " <br /> <br />~~:!~.£ <br /> <br />--~, <br /> <br />.. " ,. <br />;~~;::: <br /> <br />After- the earlier- of the foregoing, the amount of additional GBFA that Flatirons is <br /> <br />."... <br /> <br />,..,..- <br /> <br />~:~~ <br /> <br />.-~".- <br />-. "" <br /> <br />entitled to construct is determined by dividing the Advance Payment by the Actual <br /> <br />....".~ <br /> <br />Charge Rate for- the fiscal year in which the Advance Payment is made and <br /> <br />multiplying the quotient by 2,000. The following two exélffiples show how this <br /> <br />céllculation is to be made: <br /> <br />If Fléltir-ons made an Advance Payment of $327,500 on J élnuary I, <br />1998 and on that date building permits had been issued which <br />included a Cumulative Total GBFA of ~75,OOO squa.re feet, <br />FIéltirons would be entitled to construct an éldditional 50,000 <br />square feet of GBFA upon issuance of the necessary buildin~ <br />permits without payment of further Facilities Fees for that <br />squél]le footage. On that date, the Agreed Cha.rge Rate is $13,100 <br />(see Exh. D), and therefore the equation is as follows: <br /> <br />-24- <br /> <br />DV AGRCP3.DCX: <br />August 26, 1996 <br /> <br />, _....... ,>-,' <br />