- 31 - the presence of these renewal options favors petitioner's argument, and we find respondent's argument to the contrary unconvincing. The renewal options were not without value and, although the record does not identify the extent of their value, we are convinced that that value was not insubstantial, as respondent contends. The terms of the Second Lease Amendment reflected generous concessions made by the State, and the renewal options made it possible for the fruit of those concessions to be enjoyed by the Saints for up to 10 years. The fourth factor entails an examination of the most recent negotiations concerning the provisions of the 1975 Lease. Prior to petitioner's acquisition of the team, the most recent negotiations between the Mecom Group and LSED occurred in mid- 1984. These negotiations were in response to LSED's lease with the Breakers and gave rise to the Second Lease Amendment. Respondent maintains that we should discount these negotiations because they were the result of a contractual breach rather than a genuine interest on behalf of the State to provide an incentive to the team. We decline to do so. It is immaterial that the lease negotiations at issue came to pass simply because LSED desired to avoid a breach of contract claim. LSED was conscious of the available renewal options and was surely aware of the potential benefit it was bestowing on the Mecom Group through the enhanced terms of the Second Lease Amendment.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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