ADJUSTMENT OF LAND USE CHARGE Sample Clauses

ADJUSTMENT OF LAND USE CHARGE. The Land Use Charge stated in section 5.1 above, as adjusted in the way provided below, shall be applicable during the term of this Lease. However, in the event that, for any reason, the provisions of Article 10 or Article 11 regarding transfers of the Improvements or section 4.4 regarding occupancy are suspended or invalidated for any period of time, then during that time, the Land Use Charge shall be increased to an amount calculated by Lessor to equal the fair rental value of the Leased Premises for use not restricted by the provisions of the suspended portions of the Lease, but initially an amount not to exceed $15. In such event, Lessor shall notify Lessee of the amount calculated in this way, and the Land Use Charge shall then be this amount. In order to keep the Land Use Charge reasonably current, the amount specified in section
Sample 1
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ADJUSTMENT OF LAND USE CHARGE. The Land Use Charge specified in Section 5.1 above has been calculated to approximate the monthly fair rental value of the Land, current as of the commencement of the lease term, recognizing that its use is restricted by certain of the provisions hereof. In order to keep the Land Use Charge reasonably current it shall be recalculated every tenth (10th) year during the term hereof. The amount shall be recalculated through such reasonable process as the Lessor shall determine. Lessor shall notify Lessee promptly upon such recalculation of the new Land Use Charge amount, and if Lessee shall not state objections to such recalculated amount and the basis for its objection and its proposed recalculated amount within thirty (30) days after receipt of such notice, the Land Use Charge shall then be as stated by Lessor in such notice. If the Lessee shall so object to the recalculated Land Use Charge, and the parties are thereafter unable to agree upon a recalculated Land Use Charge within fifteen (15) days of Lessor’s receipt of Lessee’s objection, the dispute shall be resolved according to the arbitration process, except that the arbitrators chosen by each party shall be ones with reasonably substantial experience in the valuation of real estate. Upon the final determination of the recalculated Land Use Charge in accordance with the terms of this section, Lessor shall maintain in its file a notarized certification of the amount of such recalculated Land Use Charge and the method of determination thereof.
Sample 1
ADJUSTMENT OF LAND USE CHARGE a) The Land Use Charge specified in Section 5.1(a) above has been calculated to approximate the monthly fair rental value of the Land, current as of the commencement of the Lease term, recognizing that its use is restricted by certain provisions of this Land Lease. The Land Use Charge shall be applicable in calculating the Land Lease Fee at all times during the term of this Land Lease, as such Land Use Charge shall be adjusted as hereinafter provided. Notwithstanding the generality of the foregoing, in the event that, for any reason, the provisions of Section 10 or Section 11 of this Land Lease regarding transfers of the Improvements are suspended or invalidated, then during such portion of the term of this Land Lease as Land Lessee shall as a result thereof not be required to comply with the provisions of said Sections 10 or Section 11, the Land Use Charge shall be increased to an amount calculated by Land Owner to equal the fair rental value of the Land for use not so restricted. In such event, upon Land Owner's election exercised by notice to Land Lessee, the Land Use Charge shall be as such notice shall specify.
Sample 1

Related to ADJUSTMENT OF LAND USE CHARGE

  • General Description of Land Use 3.3.1 The use(s) of the Lands permitted by this Agreement are the following:

  • Early Construction of Base Case Facilities Developer may request Connecting Transmission Owner to construct, and Connecting Transmission Owner shall construct, subject to a binding cost allocation agreement reached in accordance with Attachment S to the NYISO OATT, including Section 25.8.7 thereof, using Reasonable Efforts to accommodate Developer’s In-Service Date, all or any portion of any System Upgrade Facilities or System Deliverability Upgrades required for Developer to be interconnected to the New York State Transmission System which are included in the Base Case of the Facilities Study for the Developer, and which also are required to be constructed for another Developer, but where such construction is not scheduled to be completed in time to achieve Developer’s In-Service Date.

  • Special Construction If, after an order is placed, Xxxxxxx finds that third-party special construction services are needed to build, configure or install any additional facilities and/or equipment necessary for Verizon to provide Access service, Verizon will notify the Customer of any such special construction charges. If Customer does not accept the special construction charges, Customer may terminate the order(s) affected by the special construction charges, with no cancellation fee(s).

  • ADDITIONAL CONSTRUCTION The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority (ies) except for as provided in the Act.

  • Availability of Lands The Owner will furnish, as indicated in the Contract, all required rights to use the lands upon which the Work occurs. This includes rights-of-way and easements for access and such other lands that are designated for use by the Contractor. The Contractor shall comply with all Owner-identified encumbrances or restrictions specifically related to use of lands so furnished. The Owner will obtain and pay for easements for permanent structures or permanent changes in existing facilities, unless otherwise required in the Contract Documents.

  • Construction Schedule The progress schedule of construction of the Project as provided by Developer and approved by District.

  • ADDITIONAL CONSTRUCTIONS The Promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the Project after the building plan has been approved by the competent authority(ies) except for as provided in the Act.

  • Construction Phase - Administration of the Construction Contract 1.6.1 The Construction Phase shall commence with the acceptance of the Construction Manager’s Guaranteed Maximum Price (or acceptance of a partial Guaranteed Maximum Price for a stage or phase) and issuance of a Notice to Proceed with Construction Services and terminate sixty (60) days after Final Payment to the Contractor is made, or when all of Architect/Engineer’s services have been satisfactorily performed, whichever occurs later.

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