Modifications to Project Clause Samples

Modifications to Project. Grant Recipient shall provide prior written notice to NYSERDA of all proposed Material Modifications to the Project and shall inform NYSERDA of all other proposed modifications to the Project in a timely manner. A proposed modification shall constitute a “Material Modification” for purposes of this Agreement, in each case, requiring NYSERDA approval unless (1) the change to the Project is de minimis (as reasonably determined by Grant Recipient); (2) the change does not require (a) further review under SEQRA or (b) new or material amendments to government permits or approvals issued or previously identified for the Project; and (3) the change does not involve changes to the expected date of Substantial Completion. NYSERDA shall have thirty (30) days from the date of receipt of written notice of a Material Modification from Grant Recipient to approve, provide comments on, or disapprove of such Material Modification. In the event that NYSERDA fails to comment upon or disapprove such Material Modification within thirty (30) days of the receipt of such notice, NYSERDA shall be deemed to have approved the proposed Material Modification. Grant Recipient will cooperate in good faith and consider NYSERDA’s proposed comments or changes to the proposed Material Modifications, provide information reasonably requested by NYSERDA in respect of such modifications, and provide NYSERDA with reasonable access to the site and contractors during normal working hours for the purpose of NYSERDA’s consideration of such modifications upon not less than two (2) Business Days advance written notice. NYSERDA will cooperate in good faith with Grant Recipient to reach prompt agreement on any Material Modification and acknowledges that other parties may have approval rights over the same Material Modification. NYSERDA’s approval of a proposed modification shall not be unreasonably withheld, conditioned, or delayed. NYSERDA may not withhold, condition, or delay approval based upon Grant Recipient’s decision to reject changes recommended by NYSERDA that would have the effect of materially increasing (as reasonably determined by Grant Recipient) the costs of, or delaying completion of, the Project. Notwithstanding anything to the contrary set forth above, the approval process described above shall not apply to any modifications that Grant Recipient reasonably determines are required by a Change in Law, governmental authority or otherwise required under the terms of an agreement governing ...

Modifications to Project. The County agrees that the Company, the Sponsor Affiliate, or both, may make or cause to be made from time to time additions, modifications or improvements to the Project that they may deem desirable for their business purposes without the necessity for special approval by the County under this Agreement. Nothing herein shall, however, exempt the Project from appropriate building codes and like regulations promulgated by the County and generally applicable to all businesses located in the County.

Modifications to Project. The Company and/or any Sponsor Affiliate may make or cause to be made from time to time any additions, modifications or improvements to the Project that it may deem desirable for its business purposes.

Modifications to Project. For the entirety of the Term defined in Section 7 of this Agreement, the Recipient shall not enter into any Agreement or contract or take any action or inaction to alter, change or remove the Project, or the approved design thereof, nor shall Recipient undertake any other changes, by contract or otherwise, to the Project unless such changes are first submitted to the Administrator, and any additional review body designated by the Administrator, for approval. Such approval shall not be unreasonably withheld if the proposed changes do not substantially alter the original design concept of the Project as specified in Exhibit B.

Modifications to Project. 1. Grant Recipient shall provide prior written notice to NYSERDA of all proposed Material Modifications to the Project and shall inform NYSERDA of all other proposed modifications to the Project in a timely manner. 2. A proposed modification shall constitute a “Material Modification” for purposes of this Agreement, in each case, requiring NYSERDA approval unless (1) the change to the Project is de minimis (as reasonably determined by Grant Recipient); (2) the change does not require (a) further review under SEQRA or (b) new or material amendments to government permits or approvals issued or previously identified for

Modifications to Project. Subject to the limitations set forth in this Agreement, the Contractor shall make additions, alterations, modifications and improvements to the Project in accordance with the Capital Plan or as otherwise approved in writing by the PAC, the Owner and Financial Security. Such additions, alterations, modifications and improvements, or any removal thereof, shall not in any way damage the Project, decrease the level of service received by Project residents or cause the Project to be used for purposes other than those authorized under the provisions of state and federal law, including the Code (including sections governing the taxexempt status of the Bonds), and the Mortgage Loan Documents. The Project, upon comple- tion of any additions, alterations, modifications and improvements, shall be of a value which is not less than the value thereof immediately prior to the making of such additions, modifications and improvements.

Modifications to Project. Landlord reserves the right at any time to make alterations or additions to the Project, including the building of additional stories on the Building and to build adjoining the same. Landlord also reserves the right to construct other buildings or improvements on the Land from time to time and to make alterations thereof or additions thereto and to build additional stories on any such building or buildings, and to reconfigure or otherwise after the parking areas and other common areas for the Project.