TENANT MAY COMMENCE INSTALLATION OF ITS
MANUFACTURING TOOLS.
ARTICLE 2
LEASE TERM
2.1
TERM.
THE TERM OF THIS LEASE (THE "TERM") SHALL BEGIN
ON THE DATE HEREOF (THE "COMMENCEMENT DATE") AND CONTINUE FOR A PERIOD OF TEN
(10) YEARS AND THEREAFTER UNTIL THE LIQUIDATION DATE, AS DEFINED IN THE
OPERATING AGREEMENT (THE "EXPIRATION DATE"); PROVIDED, HOWEVER, THAT THE TERM
SHALL TERMINATE ON THE EARLIER TO OCCUR OF (I) A LIQUIDATION DATE THAT OCCURS
PRIOR TO THE EXPIRATION DATE, (II) THE TERMINATION OR EXPIRATION OF THE
MANUFACTURING SERVICES AGREEMENT, (III) THE DATE ON WHICH THE CLOSING OF THE
MICRON [***] PURCHASE OPTION, AS DEFINED IN THE OPERATING AGREEMENT, OCCURS, OR
(IV) THE "MINORITY CLOSING" AS DEFINED IN THE OPERATING AGREEMENT.
ARTICLE 3
RENT
3.1
RENT.
LANDLORD AND TENANT ACKNOWLEDGE AND AGREE THAT
THE CONSIDERATION FOR THIS LEASE RECITED IN THE OPERATING AGREEMENT CONSTITUTES
VALUABLE AND ADEQUATE CONSIDERATION FOR THIS LEASE, AND THAT, EXCEPT AS
OTHERWISE EXPRESSLY SET FORTH IN SECTION 3.2 BELOW, NO FURTHER PAYMENT FROM
TENANT SHALL BE REQUIRED HEREUNDER.
3.2
OTHER AMOUNTS.
LANDLORD AND TENANT ACKNOWLEDGE THAT
TENANT'S SHARE OF THE COSTS INCURRED BY LANDLORD HEREUNDER (INCLUDING, FOR
EXAMPLE, REAL ESTATE TAXES AS HEREINAFTER DEFINED, PERSONAL PROPERTY AND OTHER
AD VALOREM TAXES PAID BY LANDLORD AS REFERRED TO IN SECTION 4.2, SERVICES,
UTILITIES, INSURANCE AND MAINTENANCE), SHALL BE REIMBURSED BY TENANT AS A
COMPONENT OF THE COSTS OF PRODUCTION PURSUANT TO THE TERMS OF THE MANUFACTURING
SERVICES AGREEMENT.
NOTHING IN THIS LEASE SHALL BE CONSTRUED AS LIMITING OR
PRECLUDING THE ALLOCATION OF ANY COSTS OR EXPENSES AS PROVIDED FOR IN THE
MANUFACTURING SERVICES AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY REFERENCES
HEREIN THAT LANDLORD IS OBLIGATED TO PROVIDE A CERTAIN THING OR THAT AN
OBLIGATION IS AT THE EXPENSE OF OR AT THE COST OF LANDLORD.
NO OTHER COSTS
BESIDES THOSE CHARGED PURSUANT TO THE MANUFACTURING SERVICES AGREEMENT WILL BE
IMPOSED ON TENANT FOR OCCUPATION AND USE OF THE PREMISES PURSUANT TO THIS LEASE.
ARTICLE 4
TAXES
4.1
REAL ESTATE TAXES.
LANDLORD SHALL PAY, PRIOR TO
DELINQUENCY, ALL REAL ESTATE TAXES AND ASSESSMENTS, GENERAL OR SPECIAL, WHICH AT
ANY TIME DURING THE TERM MAY BE ASSESSED,
3
LEVIED, IMPOSED UPON, OR GROW OR BECOME DUE AND PAYABLE OUT OF OR IN RESPECT OF,
THE PREMISES (THE "REAL ESTATE TAXES").
4.2
PERSONAL PROPERTY TAXES.
LANDLORD AND TENANT SHALL
COOPERATE IN THE FILING OF PERSONAL PROPERTY TAX RETURNS AND PAYMENT OF ALL
TAXES, CHARGES, AND OTHER GOVERNMENTAL IMPOSITIONS ASSESSED AGAINST, OR LEVIED
UPON, TENANT'S TRADE FIXTURES, FURNISHINGS, EQUIPMENT, AND OTHER PERSONAL
PROPERTY, IF ANY (COLLECTIVELY, "TENANT'S PERSONAL PROPERTY"), LOCATED UPON THE
PREMISES.
NOTWITHSTANDING THE PRECEDING SENTENCE, THE PARTY TO THIS AGREEMENT
THAT IS THE OWNER OF RECORD OF TENANT'S PERSONAL PROPERTY SHALL PAY, PRIOR TO
DELINQUENCY, ALL AFOREMENTIONED TAXES, CHARGES AND OTHER GOVERNMENTAL
IMPOSITIONS ASSESSED AGAINST TENANT'S PERSONAL PROPERTY.
ARTICLE 5
BUILDING SERVICES
5.1
SERVICES.
LANDLORD SHALL FURNISH ALL OF THE SERVICES
TO TENANT THAT ARE NECESSARY FOR ITS OPERATIONS AND PRODUCTION OF THE PRODUCT ON
THE PREMISES, IN EACH CASE DURING