Common use of Amendment Exemptions Clause in Contracts

Amendment Exemptions. No issuance of a Subsequent Approval, or amendment of an Approval or Subsequent Approval, shall by itself require an amendment to this Agreement. And no change to the Project that is permitted under the 5M SUD shall by itself require an amendment to this Agreement. Upon issuance or approval, any such matter shall be deemed to be incorporated automatically into the Project and vested under this Agreement (subject to any conditions set forth in the amendment or Subsequent Approval). Notwithstanding the foregoing, if there is any direct conflict between the terms of this Agreement and a Subsequent Approval, or between this Agreement and any amendment to an Approval or Subsequent Approval, then the Parties shall concurrently amend this Agreement (subject to all necessary approvals in accordance with this Agreement) in order to ensure the terms of this Agreement are consistent with the proposed Subsequent Approval or the proposed amendment to an Approval or Subsequent Approval. The Planning Department and the Planning Commission, as applicable, shall have the right to approve changes to the Project as described in the Exhibits in keeping with its customary practices and the 5M SUD, and any such changes shall not be deemed to conflict with or require an amendment to this Agreement or the Approvals so long as they do not constitute a Material Change. If the Parties fail to amend this Agreement as set forth above when required, however, then the terms of this Agreement shall prevail over any Subsequent Approval or any amendment to an Approval or Subsequent Approval that conflicts with this Agreement.

Amendment Exemptions. No issuance of a Subsequent Approval, or amendment of an Later Approval or Subsequent Approval, shall by itself require an amendment to this Agreement. And no change to the Project that is permitted under the 5M SUD Plan Documents or any Approval shall by itself require an amendment to this Agreement. Upon issuance of any Later Approval or approval, upon the making of any such matter change, such Later Approval or change shall be deemed to be incorporated automatically into the Project and vested under this Agreement (subject to any conditions set forth in the amendment such Later Approval or Subsequent Approvalchange). Notwithstanding the foregoing, if there is any direct conflict between the terms of this Agreement Agreement, on the one hand, and a Subsequent Later Approval, or between this Agreement and any amendment to an Approval or Subsequent Approvalon the other hand, then the Parties shall concurrently amend this Agreement (subject to all necessary approvals in accordance with this Agreement) in order to ensure the terms of this Agreement are consistent with the proposed Subsequent Approval or the proposed amendment to an Approval or Subsequent such Later Approval. The Planning Department and the Planning Commission, as applicable, each affected City Agency shall have the right to approve on behalf of the City changes and updates to the Project, including the Plan Documents, and to the Project as described SUD, in the Exhibits in each keeping with its customary practices the Planning Department’s and the 5M SUDaffected City Agency’s customary practices, and any such changes and updates shall not be deemed to conflict with or require an amendment to this Agreement or the Approvals so long as they do not constitute a Material ChangeChange (and, for the avoidance of doubt, are approved by Developer to the extent required hereunder). Any such change or update to the Plan Documents shall be maintained on file with the Planning Department. If the Parties fail to amend this Agreement as set forth above when requiredrequired (i.e., howeverwhen there is a Material Change), then the terms of this Agreement shall prevail over any Subsequent Approval or any amendment to an Approval or Subsequent Later Approval that conflicts with this AgreementAgreement until so amended.

Amendment Exemptions. No issuance of a Subsequent Approval, or amendment of an Approval or Subsequent Approval, shall by itself require an amendment to this Agreement. And no change to the Project that is permitted under the 5M SUD shall by itself require an amendment to this Agreement. Upon issuance or approval, any such matter shall be deemed to be incorporated automatically into the Project and vested under this Agreement (subject to any conditions set forth in the amendment or Subsequent Approval). Notwithstanding the foregoing, if there is any direct conflict between the terms of this Agreement and a Subsequent Approval, or between this Agreement and any amendment to an Approval or Subsequent Approval, then the Parties shall concurrently amend this Agreement (subject to all necessary approvals in accordance with this Agreement) in order to ensure the terms of this Agreement are consistent with the proposed Subsequent Approval or the proposed amendment to an Approval or Subsequent Approval. The Planning Department and the Planning Commission, as applicable, shall have the right to approve changes to the Project as described in the Exhibits in keeping with its customary practices and the 5M SUDpractices, and any such changes shall not be deemed to conflict with or require an amendment to this Agreement or the Approvals so long as they do not constitute a Material Change. If the Parties fail to amend this Agreement as set forth above when required, however, then the terms of this Agreement shall prevail over any Subsequent Approval or any amendment to an Approval or Subsequent Approval that conflicts with this Agreement. Any amendment to this Agreement shall require compliance with the Development Agreement Statute and Chapter 56, provided any amendment that does not constitute a Material Change shall also require the review and approval of the Planning Commission.

Amendment Exemptions. No issuance of a Subsequent Later Approval, or amendment of an Approval or Subsequent Later Approval, shall by itself require an amendment to this Agreement. And , and no change to the Project that is permitted under Applicable Law (including the 5M SUD Project SUD) shall by itself require an amendment to this Agreement. Upon issuance or approval, any such matter shall be deemed to be incorporated automatically into the Project and vested under this Agreement (subject to any conditions set forth in the amendment or Subsequent Later Approval). Notwithstanding the foregoing, if there is any direct conflict between the terms of this Agreement and a Subsequent Later Approval, or between this Agreement and any amendment to an Approval or Subsequent Later Approval, then the Parties shall concurrently amend this Agreement (subject to all necessary approvals in accordance with this Agreement) in order to ensure the terms of this Agreement are consistent with the proposed Subsequent Later Approval or the proposed amendment to an Approval or Subsequent Later Approval. The Planning Department and the Planning Commission, as applicable, shall have the right to approve changes to the Project as described in the Exhibits in keeping with its customary practices and the 5M SUDApplicable Law, and any such changes shall not be deemed to conflict with or require an amendment to this Agreement or the Approvals so long as they do not constitute a Material Change. If the Parties fail to amend this Agreement as set forth above when required, however, then the terms of this Agreement shall prevail over any Subsequent Later Approval or any amendment to an Approval or Subsequent Later Approval that conflicts with this Agreement.

Amendment Exemptions. No issuance of a Subsequent Later Approval, or amendment of an Approval or Subsequent Later Approval, shall by itself require an amendment to this Agreement. And , and no change to the Project that is permitted under the 5M SUD Applicable Law shall by itself require an amendment to this Agreement. Upon issuance or approval, any such matter shall be deemed to be incorporated automatically into the Project and vested under this Agreement (subject to any conditions set forth in the amendment or Subsequent Later Approval). Notwithstanding the foregoing, if there is any direct conflict between the terms of this Agreement and a Subsequent Later Approval, or between this Agreement and any amendment to an Approval or Subsequent Later Approval, then the Parties shall concurrently amend this Agreement (subject to all necessary approvals in accordance with this Agreement) in order to ensure the terms of this Agreement are consistent with the proposed Subsequent Later Approval or the proposed amendment to an Approval or Subsequent Later Approval. The Planning Department and the Planning Commission, as applicable, shall have the right to approve changes to the Project as described in the Exhibits in keeping with its customary practices and the 5M SUDApplicable Law, and any such changes shall not be deemed to conflict with or require an amendment to this Agreement or the Approvals so long as they do not constitute a Material Change. If the Parties fail to amend this Agreement as set forth above when required, however, then the terms of this Agreement shall prevail over any Subsequent Later Approval or any amendment to an Approval or Subsequent Later Approval that conflicts with this Agreement.