Modification of Approvals Clause Samples

Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this Section, to apply to the Director of Community Development of City (the “Director”) for minor modifications to the Prior Approvals and Subsequent Approvals. Minor modifications to the Prior Approvals and Subsequent Approvals shall include any changes that are consistent with the overall intent of the Prior Approvals and which do not materially alter the overall nature, scope, or design of the Project, including, without limitation, minor changes in locations of building, streets, or infrastructure; configuration and size of parcels or lots, or phasing of development or phasing of infrastructure or other exactions. Minor modifications shall additionally include those items designated as "minor" under Section 2.27.110 of the Alhambra Municipal Code and any regulations promulgated pursuant thereto, any modification that incorporates any higher safety standard adopted by changes to the Building Codes after any permit issuance, and/or any modification of the order or timing of any infrastructure improvement(s). In effecting these modifications, the City shall fully cooperate with the Developer, subject to the Subdivision Map Act, provided that the aggregate total density and intensity of the Project are not increased, and the permitted uses are not modified from those in the Prior Approvals. The approval or conditional approval of any such minor modification shall not be deemed an amendment to this Agreement under Government Code Section 65868 and unless otherwise required by law shall not require the approval of any other person other than the Director, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. The following matters shall not be considered minor modifications, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and shall require City Council approval: (1) Addition of permitted uses not substantially similar to those identified in the Prior Approvals, unless such uses are otherwise permitted by right under the applicable provisions of the zoning code; (2) Increase by more than ten percent (10%) in the density or intensity of use; (3) Increase by more than ten percent (10%) in the maximum height and si...
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Modification of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement and does not alter the permitted uses, density, intensity, maximum height, size of buildings or reservations and dedications as contained in the Project Approvals.
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Related to Modification of Approvals

  • Consents, Permits, and Waivers The Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement and the Related Agreements.

  • Effect of Approval Approval of any insurance by City shall not relieve or decrease the liability of Grantee hereunder.

  • Modifications and Waivers No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

  • Amendments, Modifications and Waivers No amendment, modification or waiver in respect of this Agreement shall be effective against any party unless it shall be in writing and signed by Parent, the Company and Stockholder.

  • Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.