Code Compliance Changes definition

Code Compliance Changes means any changes in the Plans and Specifications which are required by any governmental agency in connection with its review and inspection process and which also comply with the requirements set forth in subparagraphs (a), (b) and (c) above with respect to Minor Field Changes. Developer shall give notice to Owner of the change within five (5) business days after the change is effected. Nothing in this subsection shall be deemed in any way to excuse, delay or otherwise affect Developer’s obligations to deliver to Owner as-built drawings as described in Section 2.12. Notwithstanding anything to the contrary contained in this Section 2.15, in no event may Developer amend the Plans and Specifications or utilize change orders in any manner which would modify, change or otherwise alter the foundations of the Improvements. Developer shall enter into any change order which Owner may request in writing so long as such change order is reasonably acceptable to Developer and acceptable to Construction Lender. Any increased costs attributable to such an Owner requested change order shall increase Allowable Development Costs and the Project Budget on a dollar-for-dollar basis. Notwithstanding anything herein to the contrary, in no event shall Allowable Development Costs or the Project Budget be deemed increased by any Minor Field Change, Code Compliance Change or change order approved in an Approval Notice.

Code Compliance Changes means any changes in the Approved Plans which are required by any governmental agency in connection with its review and inspection process and which also comply with the requirements set forth in clauses (i), (ii) and (iii) of Section 2.7.4(b) above with respect to Minor Field Changes.

Code Compliance Changes. Has the meaning set forth in Section 10.3 herein.

Code Compliance Changes means any change to the Plans and Specifications which are required by any governmental agency in connection with its review and inspection process and which (a) individually does not cause any line item in the Project Budget to be increased or decreased by more than Fifty Thousand Dollars ($50,000.00) and, when added to all previous such change orders resulting from Code Compliance Changes, does not cause an aggregate net increase or decrease to the total Project Budget of more than Two Hundred Fifty Thousand Dollars ($250,000.00); and (b) does not diminish the value or utility of the Improvements or the mechanical, structural, or architectural integrity thereof. As used herein, “Minor Field Changes” shall mean any change to the Plans and Specifications which (a) individually does not cause any line item in the Project Budget to be increased or decreased by more than Fifty Thousand Dollars ($50,000.00) and, when added to all previous such change orders resulting from Minor Field Changes, does not cause an aggregate net increase or decrease to the total Project Budget of more than Two Hundred Fifty Thousand Dollars ($250,000.00); and (b) does not diminish the value or utility of the Improvements or the mechanical, structural, or architectural integrity thereof; and (c) shall not involve any substitution or elimination of materials; or if it does involve material substitution, the substituted materials are of equal or superior quality, durability and appearance to the materials originally specified in the Plans and Specifications, and the substitution shall not materially change the appearance or use of the Improvements.