Change in Use Not Permitted by General Plan Sample Clauses

Change in Use Not Permitted by General Plan. In the event that Tenant, with Xxxxxxxx’s approval, and following compliance with all Applicable Laws, including the California Environmental Quality Act (“CEQA”) and action by the City and voter approval , changes the use of the Property, or a portion thereof, to a use that is not permitted by the current City of Costa Mesa General Plan (the “General Plan”) or the Ballot Measure (defined in Section 6.1 below), said change in use shall constitute a Retriggering Event for purposes of the portion of the Property to which the change in use applies. In such event, the portion of the Property affected by the change in use shall have the Annual Rent for such portion adjusted to be the Fair Market Rent, and the Annual Rent for the balance of the Property shall be reduced to an amount equal to the product of the Annual Rent set forth in Section 3.1, multiplied by a fraction whose numerator is gross square footage of land located within the remaining portion of the Property which is not affected by the change in use and whose denominator is the gross square footage of all the land located within the Property. Landlord acknowledges that the approval of a specific plan for the Property or any portion thereof will not be a Triggering Event unless and to the extent the specific plan provides for a use which is specifically prohibited by the current General Plan; provided, however, that in no event shall the total Annual Rent payable following any such adjustment pursuant to this clause
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