a result of such failure, any party that was entitled to receive
such notice was materially prejudiced as a result of such failure
(d)
Notwithstanding anything to the contrary contained herein,
Landlord and Tenant agree that, for the purposes of this section, in no event
shall the actions or omissions of Landlord pursuant to the Manufacturing
Services Agreement be deemed acts or omissions of Tenant.
24.14
FORCE MAJEURE.
THE PARTIES SHALL BE EXCUSED FROM ANY
FAILURE TO PERFORM ANY OBLIGATION HEREUNDER TO THE EXTENT SUCH FAILURE IS CAUSED
BY A FORCE MAJEURE EVENT.
A FORCE MAJEURE EVENT SHALL OPERATE TO EXCUSE A
FAILURE TO PERFORM AN OBLIGATION HEREUNDER ONLY FOR THE PERIOD OF TIME DURING
WHICH THE FORCE MAJEURE EVENT RENDERS PERFORMANCE IMPOSSIBLE OR INFEASIBLE AND
ONLY IF THE PARTY ASSERTING FORCE MAJEURE AS AN EXCUSE FOR ITS FAILURE TO
PERFORM HAS PROVIDED WRITTEN NOTICE TO THE OTHER PARTY SPECIFYING THE OBLIGATION
TO BE EXCUSED AND DESCRIBING THE EVENTS OR CONDITIONS CONSTITUTING THE FORCE
MAJEURE EVENT.
AS USED HEREIN, "FORCE MAJEURE EVENT" MEANS THE OCCURRENCE OF AN
EVENT OR CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF THE PARTY FAILING TO
PERFORM, INCLUDING, WITHOUT LIMITATION, (A) EXPLOSIONS, FIRES, FLOOD,
EARTHQUAKES, CATASTROPHIC WEATHER CONDITIONS, OR OTHER ELEMENTS OF NATURE OR
ACTS OF GOD; (B) ACTS OF WAR (DECLARED OR UNDECLARED), ACTS OF TERRORISM,
INSURRECTION, RIOTS, CIVIL DISORDERS, REBELLION OR SABOTAGE; (C) ACTS OF
FEDERAL, STATE, LOCAL OR FOREIGN GOVERNMENTAL AUTHORITIES OR COURTS; (D) LABOR
DISPUTES, LOCKOUTS, STRIKES OR OTHER INDUSTRIAL ACTION, WHETHER DIRECT OR
INDIRECT AND WHETHER LAWFUL OR UNLAWFUL; (E) FAILURES OR FLUCTUATIONS IN
ELECTRICAL POWER OR TELECOMMUNICATIONS SERVICE OR EQUIPMENT; AND (F) DELAYS
CAUSED BY THE OTHER PARTY'S NONPERFORMANCE HEREUNDER.
Signature Page Follows
16
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly
executed on the day and year first above written.
MICRON TECHNOLOGY, INC.
By:
/s/ STEVEN R. APPLETON
Name: Steven R. Appleton
Title: Chief Executive Officer and President
IM FLASH TECHNOLOGIES, LLC
By:
/s/ DAVID A. BAGLEE
Name: David A. Baglee
Title: Authorized Officer
By:
/s/ RODNEY MORGAN
Name: Rodney Morgan
Title: Authorized Officer
THIS IS THE SIGNATURE PAGE FOR THE MTV LEASE AGREEMENT
ENTERED INTO BY AND BETWEEN MICRON TECHNOLOGY, INC. AND
IM FLASH TECHNOLOGIES, LLC
17
Exhibit A
Legal Description of Land
All of that certain lot, piece or parcel of land lying, being and situate in the
City of Manassas, Virginia, being more particularly described as follows:
Parcel "B", consisting of 123.5353 acres, more or less, a Subdivision of the
Property of International Business Machines Corporation, as the same is shown on
a plat attached to the Deed of Subdivision recorded in Deed Book 2119 at page
1774 among the land records of Prince William County, Virginia.
LESS AND EXCEPT the "overhead industrial waste discharge lines" and associated
fixtures attached thereto, as shown on the plat dated December 13, 1995, made by
Ross, France & Ratliff, Ltd. entitled "Composite Plat Showing Overhead
Industrial Waste Discharge Lines Parcel B", a copy