Common use of CHANGES TO SETTLEMENT PLAN Clause in Contracts

CHANGES TO SETTLEMENT PLAN. The Parties acknowledge that the Settlement Plan is preliminary and not yet fully engineered. If, following execution of this Agreement, certain modifications to the Settlement Plan may be necessary to facilitate engineering, environmental, design modification as well as modifications required by county, state and federal regulatory agencies in conjunction with review of applicable permit applications (“Modifications”), said Modifications will not be construed as being inconsistent with the Settlement Plan or this Agreement and will be permitted absent amendment of the Decision or this Agreement, provided the Modifications do not (i) increase the density proposed for the Residential Parcel, (ii) decrease the road widths or the driveway lengths for the Residential Parcel, (iii) increase the impervious coverage for the Residential Parcel; (iv) increase the impervious coverage for the Office Parcel; (v) violate any terms of the Decision, as modified herein; (vi) violate the Zoning Ordinance (except to the extent that relief therefrom is expressly provided herein); (vii) violate the SALDO (except to the extent that relief therefrom is expressly provided herein); (viii) modify the layout set forth on the Settlement Plan in a material manner, as determined by the Township in its reasonable discretion; or (ix) reduce the stormwater management benefits of the development project, all as shown on the Settlement Plan. If the proposed Modifications satisfy the foregoing requirements, such Modifications shall not result in the need to seek new conditional use approval, provided, however, that if Arcadia and the Township cannot agree as to whether proposed Modifications satisfy the foregoing requirements, such dispute shall be governed by Paragraph 6 hereof. The Modifications shall be reflected on Arcadia’s Subdivision and Land Development Plan for the phase(s) of construction of the Property in which such change(s) will occur.

CHANGES TO SETTLEMENT PLAN. The Parties acknowledge that the Settlement Plan is preliminary and not yet fully engineered. If, following execution of this Agreement, certain modifications to the Settlement Plan may be necessary to facilitate engineering, environmental, design modification as well as modifications required by county, state and federal regulatory agencies in conjunction with review of applicable permit applications (“Modifications”), said Modifications will not be construed as being inconsistent with the Settlement Plan or this Agreement and will be permitted absent amendment of the Decision or this Agreement, provided the Modifications do not (i) increase the density proposed for the Residential Parcel, (ii) decrease the road widths or the driveway lengths for the Residential Parcel, (iii) increase the impervious coverage for the Residential Parcel; (iv) increase the impervious coverage for the Office ParcelParcel (the overall layout of the Office Parcel may be redesigned from what is depicted on the Conditional Use Plan to include one or more buildings, provided that the total impervious coverage does not increase beyond what is depicted on the Conditional Use Plan); (v) violate any terms of the Decision, as modified herein; (vi) violate the Zoning Ordinance (except to the extent that relief therefrom is expressly provided herein); (vii) violate the SALDO (except to the extent that relief therefrom is expressly provided herein); (viii) modify the layout set forth on the Settlement Plan in a material manner, as determined by the Township in its reasonable discretion; or (ix) reduce the stormwater management benefits of the development project, all as shown on the Settlement Plan. If the proposed Modifications satisfy the foregoing requirements, such Modifications shall not result in the need to seek new conditional use approval, provided, however, that if Arcadia and the Township cannot agree as to whether proposed Modifications satisfy the foregoing requirements, such dispute shall be governed by Paragraph 6 hereof. The Modifications shall be reflected on Arcadia’s Subdivision and Land Development Plan for the phase(s) of construction of the Property in which such change(s) will occur.