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otherwise defined herein: 1.1 Availability Charge. A charge which the City pays to Seller for up to 43,000 square feet of unoccupied interior space in the Building located on the Property. Seller will use best efforts to lease this space to a short-term tenant or tenants. The Availability Charge will be reduced by any area thus leased. It will be in amount sufficient to cover the pro rated share of at-cost direct monthly expenses of the building, including debt service, not to exceed $8.50 per square foot, resulting in monthly installments not to exceed $30,458.33. It shall be payable monthly in advance. Those payments commenced on January I, 2009. They shall terminate on the date of the Initial Payment set forth in Section 3.4.1, below. In addition, the City shall have the right to use and occupy any of the space on which it is paying the Availability Charge at no further cost or expense, save for any additional operating expenses that Seller may incur as a result of such use and occupancy. Should the City occupy any space, it shall sign a lease containing all terms and conditions that are customary for such transactions, except that there shall be no rent. 1.2 Building. The present building, containing approximately 100,000 square feet of space, located at 415 PortCentre Parkway, Portsmouth, Virginia, as per Article II. 1.3 Business Day. Any day of the year in which commercial banks are not required or authorized to close in Portsmouth, Virginia. 1.4 Construction Deadline. The date on which the Seller is required to complete construction of the Courthouse, so that it is ready for use and occupancy, being twenty- four months from approval of the Construction Documents, unless extended for specified causes, as per Article IV. 1.5 Construction Documents. The final of three separate documents for construction of the Courthouse, prepared by Seller (acting through Seller's Architect) in sufficient detail to qualify for a building permit, to be completed within one hundred and eighty days of final approval by the City of the Design Development Documents, as per Article IV. 1.6 Court Case. A court case brought by the Commonwealth of Virginia concerning the condition of the present Portsmouth courts, styled Commonwealth of Virginia v. Dr. James W Holley, IIL et ai, Case #CL0800 1498-00 in Portsmouth Circuit Court. 1.7 Courthouse. A term that refers collectively to the Circuit Court, the General District Court, the Juvenile and Domestic Relations Court, and the Clerk's Offices for said courts. 1.8 Courthouse Guidelines. The "Virginia Courthouse Facilities Guidelines" (Second Edition), promulgated by the Supreme Court of Virginia, attached as Exhibit A. -2- Draft #4.1