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under the terms of this Agreement and for which Developer is not <br />directly reimbursed by tenants or other occupants of the <br />Premises, or reimbursed from insurance proceeds; or (b) <br />construction of new buildings, then the costs shall be increased to <br />an amount attributable to Special Capital Expenditure (calculated <br />by reference to Sections (i), (ii), (iii), (iv) and (v) above). <br />Subsequent Developer Improvements and Leasing Expenses. The <br />costs shall be increased as a result of any tenant improvements <br />(and third party legal expenses and leasing commissions) paid for <br />by Developer which have not theretofore been included in "costs" <br />or previously included as an operating expense. Any increase to <br />costs shall be net of any reimbursements made by tenant(s). <br />(iii) Uninsured Casualty. In the event of an Uninsured Casualty, the <br />costs shall be increased commencing with the Lease ,year following <br />the completion of the restoration by an amount equal to the <br />Special Capital Expenditure, net of insurance proceeds received <br />by Tenant. "Uninsured Casualty" shall mean a casualty against <br />which Developer is not required to insure or a casualty when <br />there are insufficient proceeds for restoration under circumstances <br />in which the insurance carried by Developer nevertheless complies <br />with the requirements of this Agreement. <br />(iv) Rehabilitation. "Rehabilitation" for the purpose of adjustments to <br />the costs shall mean the substantial reconstruction, renovation <br />and revitalization of the Premises paid by Developer in <br />connection with the reconstruction, renovation and revitalization, <br />substantially as a whole, after the initial development thereof. <br />In the event the Developer receives insurance from a casualty loss or <br />condemnation proceeds and (1) for any reason does not replace or repair <br />the damaged or condemned building, or (2) insurance or condemnation <br />proceeds remain after reconstruction, any unused insurance proceeds <br />shall be used to reduce costs. <br />Disposition and Development Page 17 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />