Change in Use. Borrower will use and permit the use of the Property for the Permitted Use and for no other purpose.
Change in Use. No material change in the use of a Mortgaged Property may be permitted, unless required by applicable law or permitted in the related Mortgage Documents, if the change would have a material adverse impact on the net cash flow of the Mortgaged Property.
Change in Use. The Recipient reasonably expects to use all Project Funds and the Project for the entire stated term to maturity of the Obligation. Absent an opinion of Nationally-Recognized Bond Counsel to the effect that such use of Project Funds will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code, the Recipient will use the property financed or refinanced with Project Funds solely as set forth in the Agreement.
Change in Use. The Intending LESSEE shall not change the use of the Schedule Property or the buildings thereon for any purpose other than the one prescribed in the Agreement to Lease, either fully or partly without the prior permission of the LESSOR in writing and without payment of prescribed additional Lease Premium and other charges as may be determined by the LESSOR from time to time.
Change in Use. Grantor will use and permit the use of the Property for the Permitted Use and for no other purpose.
Change in Use. The Developer shall not, for the duration of the Restriction Period, change the use of the Buildings or any material portion thereof from that set forth in the Proposal, the Approvals, and Section 7.01 of this Agreement, except in accordance with the provisions of this Section. In the event that at any time during the Restriction Period the Developer is unable to economically maintain one or more of the elements of the Project in the use required by the Proposal, the Approvals and this Agreement, for good and substantial cause(s), the Developer may request approval by the Select Board of a change in use by presenting to the Select Board evidence of such good and substantial cause(s) for the proposed change together with a concept plan showing the proposed change. No such change shall be made without the approval by the Select Board of such cause, such proposed change in use, and such concept plan. If the Select Board so approves, the Developer shall proceed to obtain approvals for such change under the applicable provisions of the Zoning By-law, if necessary. If the Select Board notifies the Developer in writing, within sixty (60) days after its receipt of such information from the Developer, of its objection to the reasons proffered for the proposed change or the concept plan or the proposed change in use, specifying the grounds for such objection, the Developer shall submit additional evidence relative to the cause and/or a revised concept plan accordingly, and the Select Board shall have an additional thirty (30) days to approve or disapprove the cause for the proposed change in use and/or the revised concept plan. In the event the Developer shall fail to comply with the foregoing requirement, the Town may within thirty (30) days of its discovery thereof, direct in writing that the Developer cease such use which has not been approved by the Select Board pursuant to this Section, and the Developer shall promptly comply with such a directive at its sole cost and expense. Approvals hereunder shall be at the discretion of the Select Board and there shall be no deemed approvals for purposes of this Section. This restriction shall be set forth in the Deed.
Change in Use. The Borrower shall not cause any change in use of the Project that would not satisfy the requirements of Section 1.150-4 of the Regulations (or a successor Regulation or similar) without an Approving Opinion of Bond Counsel.
Change in Use. The Lease may be terminated in whole or in part upon one hundred eighty (180) calendar days’ written notice by Lessor if the use of the Leased Premises is to be changed to any other use that is incompatible with the use authorized by the Lease, as designated by Lessor.
Change in Use. The provisions of this Agreement shall remain in effect and run with the land so long as use of the Property does not intensify. Intensification means:
(a) Subdivision of the land into any density greater than 0.5 Units/Acre (2 acre parcels). If after annexation Owner subdivides the Property into a density greater than 0.5 Units/Acre as allowed by the Master Plan, but retains Owner’s original primary residence on a remainder rural residential parcel, the remainder parcel shall not be considered intensified and this Agreement shall run with the remainder parcel. The newly created parcels shall be subject to applicable provisions of City’s Development Code.
(b) The addition of additional residential units, except that up to one second residential unit shall be allowed on the Property as permitted by City’s accessory dwelling unit ordinance.
(c) The division, or development of commercial, office or industrial uses on the Property, except that rural residential compatible uses shall be allowed as provided for in Section 1.1. Should use of the Property intensify following annexation, this Agreement shall terminate, and all Clovis ordinances and standards in effect at the time shall govern and be complied with by Owner, or Owner’s successors, heirs, and assigns.