Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the TDD Project (each, a "Permitted Modification") if, and to the extent, that: (a) Modifications are approved via the Planning Commission and/or Governing Body via the planning and zoning process or as required by Applicable Laws and Requirements; or (b) Modifications are required to include within the TDD Project new technologies or amenities which may become available during the time that the TDD Project is being developed; or (c) Modifications shall be allowed to the interior portions of the various buildings that constitute the TDD Project. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the TDD Project (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or Governing Body via the planning and zoning process or as required by Applicable Laws and Requirements; or
(b) Modifications are required to include within the TDD Project Improvements new technologies or amenities which may become available during the time that the TDD Project is being developed; or
(c) Modifications shall be allowed to the interior portions of the various buildings that constitute the TDD ProjectImprovements. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement
Permitted Modifications. Notwithstanding any provisions of this Second Amended and Restated Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the TDD Amended Project (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or Governing Body via the planning and zoning process or as required by Applicable Laws and Requirements; or
(b) Modifications are required to include within the TDD Amended Project new technologies or amenities which may become available during the time that the TDD Amended Project is being developed; or
(c) Modifications shall be allowed to the interior portions of the various buildings that constitute the TDD Amended Project. Developer agrees that any such Permitted Modification shall be consistent, consistent and comply, comply with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City.
Appears in 1 contract
Sources: Development Agreement