Amendments to the Development Agreement Sample Clauses

Amendments to the Development Agreement. An Amendment to this Agreement may be requested by either the Master Developer or the City pursuant to the standards outlined herein. Amendments to this Agreement that materially modify the intent and policy of this Agreement shall be considered “Major” and shall be reviewed by the same procedures applicable to a new development agreement request. Amendments that do not materially modify the intent and policy of this Agreement shall be considered “Minor” and may be approved by the Mayor. The final determination regarding whether an Amendment to this Agreement is Minor or Major shall rest with the Designated Official, subject to appeal to the Hearing Examiner.
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Amendments to the Development Agreement. .1 Any amendment to this Agreement shall be in the form included at the end of this Part, duly executed by both parties hereto. .2 The Developer agrees that he shall obtain relevant amendments to this Agreement before doing any work that was not apparent to the parties prior to the execution of this Agreement or providing any work or materials for which The City is required to pay, either in whole or in part. The price for said work shall be mutually agreed upon by both parties before the work is started. .3 The City agrees to obtain relevant amendments to this Agreement before providing any work or materials for which the Developer is required to pay, either in whole or in part. The price for said work shall be mutually agreed upon by both parties before the work is started.
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Amendments to the Development Agreement. 1.1. Clause 5.1.2
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Amendments to the Development Agreement. Subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, the Development Agreement is hereby amended as of the Effective Date (as hereinafter defined) as follows: (A) Article I of the Development Agreement is hereby amended by amending and restating the definition of “Development Term” as follows:
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Amendments to the Development Agreement. Section 2 of the Development Agreement is amended to read as follows:
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Amendments to the Development Agreement. The Development Agreement is hereby as amended as follows: A. By deleting the clause (i) of Section 5.03. of the Development Agreement, and by substituting the following new clause (i): i. If Developer fails to comply with the Development Schedule for a certain Year, then Developer shall be obligated (upon notice from Franchisor) to pay to Franchisor an amount from Developer equal to the Franchise Fee Prepayment for the immediately following Year. For the avoidance of doubt, Developer will not be required to pay to Franchisor any Franchise Fee Prepayment for any other subsequent Year. By way of example only, if Developer does not achieve the Cumulative Net Opening Target for Year 2019, then Developer shall be obligated to pay to Franchisor an aggregate amount of $550,000, which is equal to the Franchise Fee Prepayment for Year 2020 (but Developer will not be required to pay to Franchisor the Franchise Fee Prepayment for Years 2021, 2022, or 2023). In the event Developer pays to Franchisor a Franchise Fee Prepayment for a certain Year and this Agreement is terminated during such Year, then (i) Developer shall have a credit for that portion of the Franchise Fee Prepayment that has not yet been applied by Franchisor for new Franchised Units, regardless of whether the Net Opening Target has been met for the Year in question, and (ii) if any portion of such credit remains unapplied by Developer within 12 months following the termination date of this Agreement, then such unapplied portion of the credit shall automatically expire (without any further action by or notice from Franchisor). By way of example only, suppose that as of September 1, 2019, (i) Developer has paid to Franchisor a Franchise Fee Prepayment of $550,000 for Year 2019; (ii) Developer has developed and opened two (2) new Franchised Units; and (iii) Franchisor has applied $100,000 of the $550,000 Franchise Fee Prepayment for Year 2019 to those two (2) Franchised Units, leaving $450,000 of the Franchise Fee Prepayment that has not yet been applied. If Developer terminates this Agreement on September 1, 2019, Developer will have a credit of $450,000 to be applied to Franchise Fees payable by Developer to Franchisor for nine (9) new Popeyes restaurants to be developed by Developer in accordance with Franchisor's then-current standards and requirements for new restaurant development. Any portion of that $450,000 credit that, as of September 1, 2020, has not yet been applied to the Franchise Fees for ...
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Amendments to the Development Agreement. Capitalized terms --------------------------------------- used in this Section 1 and not herein defined shall have the meanings ascribed to such terms in the Development Agreement. The Development Agreement is hereby amended as follows: (a) Section 1.3 of the Development Agreement shall be amended by adding the following after the definition of "Funding:"
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Amendments to the Development Agreement. 1. Exhibit D containing various exhibits attached to the 2008 Agreement is deleted and replaced with the Exhibit D attached to this Amendment. The specifications of the Herff Road Extension cross sections indicated in Exhibit J supersede and replace the cross section specifications shown on Exhibit D-15. All references to Exhibit D throughout the 2008 Agreement and this Amendment refer to the Exhibit D dated December 5, 2013 as modified by Exhibit J attached to this Amendment. 2. Section 2.2(a) shall be deleted and replaced with the following:
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Amendments to the Development Agreement 
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Related to Amendments to the Development Agreement

  • Amendments to the Original Agreement (a) of the Original Agreement is hereby deleted and replaced in its entirety to read as follows:

  • Amendments to the Purchase Agreement (a) Section 1.6 of the Purchase Agreement is hereby amended and restated in its entirety as follows:

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Short-Term Reliability Process Solution, the ISO shall tender to the Developer that proposed the selected transmission Short-Term Reliability Process Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its Reliability Planning Process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Short-Term Reliability Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the STAR or Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Short-Term Reliability Process Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Amendments to the Agreement Except to the extent permitted by the Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of the Portfolio (unless such approval is not required by Section 15 of the Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Portfolio if a majority of the outstanding voting securities of the Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Portfolio affected by the amendment or all the Portfolios of the Trust.

  • Amendments to Purchase Agreement The parties agree that the Purchase Agreement shall be amended, solely with respect to the Mortgage Loans, as follows: