Construction Environmental Sample Clauses

Construction Environmental. (i) Any Infrastructure which is located within the boundary line of an individual platted lot (except a Park or an Open Space lot or a private lot to the extent the use is for a public purpose) which serves only such platted lot (e.g., utility lines and roadways) other than the industry standard utility line "stub" from the neighborhood service line. (ii) All fees, costs, charges and expenses related to the vertical development of improvements on the Property, except as otherwise specifically permitted herein with respect to the Parks, Open Space, sales office, and shared-use garage(s). (iii) To the extent payments under contracts or agreements with Developer Affiliates to perform services or supply products to the Property are not commercially reasonable or do not represent an arm’s length transaction. (iv) All fees, costs, charges and expenses related to the design or construction of infrastructure located outside the Property as described in Section 8.2(c) of this Agreement. (v) Any fees, costs and expenses concerning assessment, sampling, investigation, monitoring, reporting, response action (including removal and remediation) and other activities relating to environmental matters in excess of those (A) required for Closure, or (B) required to satisfy specific obligations under this Agreement (including those under Section 8.5). The following are provided as illustrations of potential scenarios under Sections 1.(a)(ii) and (iii) above, but do not limit the terms of such sections: 1. Listing Broker, Procuring Broker and Developer: • Acceptable: 6% commission split 3% to procuring broker and 3% to listing broker. Developer may share in listing broker commission. This is considered customary and meets the 50% test of Exhibit K, 1.(a)(ii). • Unacceptable: 6% commission spilt 1% each to procuring broker and listing broker and 4% to Developer. This is not considered customary. 2. Procuring Broker and Developer: • Acceptable: 6% commission split 3% to procuring broker and 3% to Developer. This is considered customary and meets the 50% test of Exhibit K, 1.(a)(ii). • Unacceptable: 6% commission split 1% to procuring broker and 5% to Developer. This is not considered customary.