Change of Use. Alter or change the use of the Facility or enter into any management agreement for the Facility other than the Management Agreement or enter into any operating lease for the Facility, unless Borrower first notifies Lender and provides Lender a copy of the proposed lease agreement or management agreement, obtains Lender’s written consent thereto, which consent may be withheld in Lender’s sole discretion, and obtains and provides Lender with a subordination agreement in form satisfactory to Lender, as determined by Lender in its sole discretion, from such manager or lessee subordinating to all rights of Lender.
Change of Use. Applicant shall notify the Department at least sixty (60) days in advance of any change of use, as defined in ECL § 27-1425, which is proposed for the Site, in accordance with the provisions of 6 NYCRR § 375-1.11(d). In the event the Department determines that the proposed change of use is prohibited, the Department shall notify Applicant of such determination within forty- five (45) days of receipt of such notice.
Change of Use. A. Except as provided in Subparagraph VII.B, Applicant reserves all rights and defenses under applicable law to contest, defend against, dispute, or disprove any action, proceeding, allegation, assertion, determination, or order of the Department, including any assertion of remedial liability by the Department against Applicant, and further reserves all rights including the rights to notice, to be heard, to appeal, and to any other due process respecting any action or proceeding by the Department, including the enforcement of this Agreement. The existence of this Agreement or Applicant’s compliance with it shall not be construed as an admission of any liability, fault, wrongdoing, or violation of law by Applicant, and shall not give rise to any presumption of law or finding of fact which shall inure to the benefit of any third party.
B. Notwithstanding the foregoing, Applicant hereby waives any right it may have to make a claim pursuant to Article 12 of the Navigation Law with respect to the Site and releases the State and the New York Environmental Protection and Spill Compensation Fund from any and all legal or equitable claims, suits, causes of action, or demands whatsoever with respect to the Site that Applicant may have as a result of Applicant’s entering into or fulfilling the terms of this Agreement.
Change of Use. The Borrower shall not change the residential use of the house/property. If the house/property is used/allowed to be used by the Borrower for any purpose other than residential use, the Bank shall be entitled to charge, at its sole discretion, such higher rate of interest as it might fix from the circumstances of the case, in addition to any other action which Bank might take against the Borrower.
Change of Use. Enrollee shall notify the Office in writing at least sixty (60) days in advance of any change of use, as defined NYC Ad Code § 24-902 and RCNY § 43-1402(d), which is proposed for the Project, except for a transfer of title to a voluntary cleanup site that results in a change in the party implementing a Site Management Plan. The notice shall advise the Office of the contemplated change including, but not limited to, explaining how such change may affect the site’s proposed, ongoing, or completed remedial program. Where a change in use arises from transfer of title to a voluntary cleanup site that results in a new party implementing a Site Management Plan, the Enrollee shall notify the Office pursuant to RCNY § 43-1410(c)(3). In the event the Office determines that the proposed change of use is not protective of public health or the environment, the Office shall notify Enrollee of such determination.
Change of Use. Alter or change the use of the Facility (other than non-material uses accessory to the operation of an assisted living/memory care facility at the bed/unit capacity set forth herein) or enter into any management agreement for the Facility other than the Management Agreement or enter into any operating lease for the Facility other than the Operating Lease, unless Borrower first notifies Lender and provides Lender a copy of the proposed lease agreement or management agreement, obtains Lender’s written consent thereto, which consent may be withheld in Lender’s sole but reasonable discretion, and obtains and provides Lender with a subordination agreement in form satisfactory to Lender, as determined by Lender in its sole but reasonable discretion, from such manager or lessee subordinating to all rights of Lender.
Change of Use. If Buyer has questions concerning valuation, Buyer should contact the county property appraiser’s office for information. Seller will grant possession of the Property thirty (30) days following Closing.
Change of Use. The District reserves the exclusive right to review, re-approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract.
Change of Use. Terminate, alter or change the use of any Project or enter into any sublease or management agreement for any Project, unless the Borrower first notifies the Agent Lender and provides the Agent Lender with a copy of the proposed sublease or management agreement, obtains the Agent Lender’s written consent thereto and obtains and provides the Agent Lender with a subordination agreement in form satisfactory to the Agent Lender from such sublessee or manager subordinating to all rights of the Lenders. Notwithstanding the foregoing, it is understood that Borrower may utilize assignments or subleases to Borrower Subsidiaries in certain jurisdictions where required or desired in connection with applicable local laws and licensure issues (herein, a “Subsidiary Sublease”). Agent Lender must receive prior notice of any proposed Subsidiary Sublease and must receive draft documentation therefor for Agent Lender’s approval. Lender’s approval of Subsidiary Subleases shall not be unreasonably withheld so long as (i) such Subsidiary Sublease does not constitute a default under the Project Lease or Borrower has obtained its landlord’s written consent for the same; (ii) Borrower will remain fully obligated under the Project lease, notwithstanding the Subsidiary Sublease; (iii) the Subsidiary Sublease in no way affects the liabilities and responsibilities of Borrower under this Agreement and the Loan Documents; (iv) the Subsidiary Sublease and any and all Collateral related thereto shall remain at all times subject to the Lien of Lenders pursuant to this Agreement and the Loan Documents in all respects and the same must be expressly set forth in the Subsidiary Sublease; (v) Borrower shall assign and pledge to Agent Lender as additional Collateral for the Loan Obligations all ownership interests in such Borrower Subsidiary, and (vi) Borrower and any Borrower Subsidiary which is party to such Subsidiary Sublease shall provide any other documentation or agreements relating to the Subsidiary Sublease reasonably required by Agent Lender consistent with these requirements.
Change of Use. The Borrower shall not change the use of the Assets. The Lender, without prejudice to its right to terminate the Agreement and/ or enforce any other action under this Agreement and under any other applicable law, shall be entitled to charge, in its discretion, such higher rate of interest it might fix in the circumstances of the case as per its prevailing policy (ies)/rules. This may also be considered as an event of default and the Lender may recall the Loan.
