Alternative Use Sample Clauses
The Alternative Use clause defines the conditions under which a party may use goods, services, or intellectual property for purposes other than those originally specified in the agreement. Typically, this clause outlines the scope of permissible alternative uses, such as allowing a supplier to repurpose excess inventory or a licensee to apply technology in a different market, provided certain criteria are met or approvals are obtained. Its core function is to provide flexibility and maximize resource utilization while ensuring that the interests of both parties are protected and clearly delineated.
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Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert the Property to an alternative use during the Lease Term without Lessor’s prior written consent, provided that Lessee shall be permitted to change the concept or brand operated on the Property so long as such brand or concept is a Permitted Facility and, in such event, Lessee shall provide Lessor with written notice of any such change.
Alternative Use. Tenant shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be deemed unreasonably withheld if Landlord’s decision is based on any or all of the following:
(a) whether the rental paid to Landlord would be equal to or greater than the anticipated rental assuming continued existing use;
(b) whether the proposed rental to be paid to Landlord is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such use;
(c) whether the converted use will be consistent with the highest and best use of such Property;
(d) whether the converted use will increase Landlord’s risks or decrease the value of such Property;
(e) whether the converted use will adversely affect Landlord’s status as a REIT; and
(f) whether Landlord is able to obtain approval of its Lender to any such change in use provided Landlord shall use commercially reasonable efforts to obtain approval of its Lender.
Alternative Use. Except as otherwise provided in Section 14.03 below in connection with any subletting of the Property, Lessee shall not, by itself or through any assignment or other type of transfer, convert any of the Properties to a use other than use as a Permitted Facility during the Lease Term without Lessor’s prior written consent. Notwithstanding any provision contained in this Lease, no Property may be used for any of the uses set forth on Schedule 8.02 attached hereto.
Alternative Use. If the City does not have a need for the property as a Park, but instead wants to use the property for an alternative City use, the alternative use must first be approved by the Developer, which permission for such use will not be unreasonably withheld, provided the proposed City use is compatible with the surrounding neighborhood uses. The specific site shall be mutually agreed upon the Parties.
Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Lessor’s consent shall not be deemed unreasonably withheld if Lessor’s decision is based on any or all of the following: (a) whether the converted use will increase Lessor’s risks or decrease the value of such Property; and (b) whether the converted use will adversely affect Lessor’s status as a REIT or Lessor’s ability to complete a Securitization.
Alternative Use. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that Lessor’s consent shall not be deemed unreasonably withheld if Lessor’s decision is based on any or all of the following: (a) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use; (b) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of such Property and the customary rental prevailing in the community for such use; (c) whether the converted use will be consistent with the highest and best use of such Property; (d) whether the converted use will increase Lessor’s risks or decrease the value of such Property; and (e) whether the converted use will adversely affect Lessor’s status as a REIT.
Alternative Use. Except for the Permitted Subleases, Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor’s prior written consent. In the event that Lessee shall change the use of the Properties or the concept or brand operated on the Properties, only as may be expressly permitted herein or consented to by Lessor in writing, Lessee shall provide Lessor with written notice of any such change and copies of the franchise agreement(s) related to such new concept or brand, if any.
Alternative Use. If ▇▇▇▇ ▇▇▇ decides to devote the property to uses other than those allowed under the HUD Contract and the Covenant Deed, HƯNG ĐẠO shall be solely responsible for securing approval from HUD in accordance with Rider 5 of 5 to the HUD Contract, which mandates that the request include a comprehensive development plan and market assessment which support the alternative use.
Alternative Use. Beginning with the date that the Property receives its permanent Certificate of Occupancy, if Grantor cannot obtain a lessee for the Day Care Space for a period of five (5) consecutive years (the “Vacancy Period”), Grantor shall provide notice to Grantee, at which time the space will be converted to indoor open space that will be available to the public during normal business hours (the “Alternative Use”). If the Day Care Space is to convert to indoor open space, Grantor shall work with the City of ▇▇▇▇▇▇▇ Parks and Recreation Department to ensure that it is listed on the Privately Owned Public Spaces (POPS) website and signage installed to notify the public that the space is available. In addition, the use of the POPS shall align with the needs identified in the PARCC Plan as described in ). If the Day Care Space converts to the Alternative Use, Grantor shall abide by all laws and regulations mandated by the City of Redmond and the City of ▇▇▇▇▇▇▇ Parks and Recreation Department, and shall work with the City of ▇▇▇▇▇▇▇ Parks and Recreation Department to determine Hours of Operation and Reservations and ensure that it is listed on the Privately Owned Public Spaces (POPS) website.
Alternative Use. If SureBeam elects not to use the Facility for electronic pasteurization of food products, or elects to use the Facility in part for such pasteurization and in part for the irradiation of other materials, SureBeam shall pay to Square-H, in addition to the royalty set forth in Paragraph 3.5 of the Original Agreement based on the volume of all food products processed from the Facility, a royalty of [...***...] percent ([...***...]%) of the aggregate consideration received by SureBeam in consideration of treating such other products at the facility. Such royalty shall be paid within thirty (30) days following the expiration of each calendar month of the term.