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<br />e <br /> <br />e <br /> <br />Exhibit "D" <br /> <br />Lessee's Construction Schedule and Penalties <br /> <br />Lessee covenants and agrees with Lessor to keep and maintain the <br />following staged construction milestones, in its planning and' <br />construction of its new facilities on the Fixed Base Operator Area: <br /> <br />A. Final site plan submitted by 12/31/97. <br />B. Building permit issued by 03/31/98. <br />C. Construction begins by 04/30/98. <br /> <br />D. Const~uction (including new fuel facilities <br />completed by 10/31/98. <br /> <br />E. Move-in completed by 12/31/98. <br /> <br />F. Removal of buildings/structures and UST by <br />04/31/99. <br /> <br />The parties agree that time is of the essence, and that should <br />Lessee fail.to keep and maintain the above and foregoing staged <br />milestones, Lessee shall pay to Lessor, as and for a penalty for <br />the failure to maintain each separate staged construction <br />milestone, the sum of One Hundred Dollars ($100.00) per calendar <br />day that such failure continues. <br /> <br />21 <br />