Common use of Right to Reopen Clause in Contracts

Right to Reopen. a. If under applicable Massachusetts law the terms of this Agreement are determined to any extent to be illegal, otherwise invalid, or incapable of being enforced, which unenforceability would materially and adversely affect the economic substance of the transactions contemplated by this Agreement, the Town and the Company shall negotiate in good faith amendments to this Agreement so as to result in neutral economic impact to either the Town or the Company. b. In the event that the Company enters into a host community agreement or other similar agreement with another municipality in the Commonwealth of Massachusetts that contains financial terms more beneficial to such municipality than this Agreement provides to the Town, taking into consideration the marketplace, number of other operating recreational or medical marijuana facilities in the municipality as compared to the Town, the Company agrees to reopen this Agreement and negotiate an amendment resulting in financial benefits to the Town equivalent or superior to those provided to the other municipality.

Appears in 1 contract

Sources: Host Community Agreement

Right to Reopen. a. If under applicable Massachusetts law the terms of this Agreement are determined to any extent to be illegal, otherwise invalid, or incapable of being enforced, which unenforceability would materially and adversely affect the economic substance of the transactions contemplated by this Agreement, the Town and the Company shall negotiate in good faith amendments to this Agreement so as to result in neutral economic impact to either botheither the Town or andor the Company. b. In the event that the Company enters into a host community agreement or other similar agreement with another municipality in the Commonwealth of Massachusetts that contains financial terms more beneficial to such municipality than this Agreement provides to the Town, taking into consideration the marketplace, number of other operating recreational or medical marijuana facilities in the municipality as compared to the Town, the Company agrees to reopen this Agreement and negotiate an amendment resulting in financial benefits to the Town equivalent or superior to those provided to the other municipality.

Appears in 1 contract

Sources: Host Community Agreement