Common use of Developer’s Right to Rebuild Clause in Contracts

Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of God, acts of terrorism, or damage to work in progress by reason of fire, floods or other casualties. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this Agreement.

Appears in 7 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project Site within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of Godor should the buildings located within the Project Site become functionally outdated, acts of terrorismwithin Developer’s sole discretion, or damage due to work changes in progress by reason of fire, floods or other casualtiestechnology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA and this AgreementCEQA.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild portions of the Project at any time within the Term of this Agreement should it become necessary due to any casualty, including natural disaster, disaster or changes in seismic requirements, acts of God, acts of terrorism, . Such renovations or damage to work in progress by reason of fire, floods or other casualtiesreconstruction shall be processed as a Subsequent Project Approval consistent with all prior Project Approvals and Applicable City Law. Any such renovation or rebuilding shall be subject to the square footage all design, density and height other limitations vested and requirements imposed by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstructionApplicable City Law, and the requirements of CEQA and this AgreementCEQA.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of Godor should the buildings located within the Property become functionally outdated, acts of terrorismwithin Developer’s sole discretion, or damage due to work changes in progress by reason of fire, floods or other casualtiestechnology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA and this AgreementCEQA.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of Godor should the buildings located within the Project become functionally outdated, acts of terrorismwithin Developer's sole discretion, due to changes in technology, the economy or damage to work in progress by reason of fire, floods or other casualtiesotherwise. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project City Approvals, Subsequent Approvals, Master Development Plan, this Agreement, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this AgreementCEQA.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

Developer’s Right to Rebuild. City agrees that DeveloperDeveloper may, in Developer sole’s discretionsubject to Section 9.c. above, may renovate or rebuild portions of the Project at any time within the Term of this Development Agreement should it become necessary due to natural disaster, disaster or changes in seismic requirements, acts of God, acts of terrorism, . Such renovations or damage to work in progress by reason of fire, floods or other casualtiesreconstruction shall be processed as a Subsequent Project Approval. Any such renovation or rebuilding shall be subject to the square footage all design, density and height other limitations vested and requirements imposed by this Development Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this AgreementCEQA.

Appears in 1 contract

Samples: Development Agreement

Developer’s Right to Rebuild. City agrees that DeveloperDeveloper may, in Developer sole’s discretionsubject to Section 8.c. above, may renovate or rebuild portions of the Project at any time within the Term of this Development Agreement should it become necessary due to natural disaster, disaster or changes in seismic requirements, acts of God, acts of terrorism, . Such renovations or damage to work in progress by reason of fire, floods or other casualtiesreconstruction shall be processed as a Subsequent Project Approval. Any such renovation or rebuilding shall be subject to the square footage all design, density and height other limitations vested and requirements imposed by this Development Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this AgreementCEQA.

Appears in 1 contract

Samples: Development Agreement

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Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of God, acts of terrorism, or damage to work in progress by reason of fire, floods or other casualties. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this Agreement.Agreement.‌

Appears in 1 contract

Samples: Development Agreement

Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project Site within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of Godor should the buildings located within the Project Site become functionally outdated, acts of terrorismwithin Developer’s sole discretion, or damage due to work changes in progress by reason of fire, floods or other casualtiestechnology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this AgreementCEQA.

Appears in 1 contract

Samples: Development Agreement

Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may shall have the right to renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of Godor should the buildings located within the Project become functionally outdated, acts of terrorismwithin Developer’s sole discretion, or damage due to work changes in progress by reason of fire, floods or other casualtiestechnology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this AgreementCEQA.

Appears in 1 contract

Samples: Development Agreement

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