Development Agreement Provisions Sample Clauses

Development Agreement Provisions. 4.11.1 The Parties acknowledge that, to accommodate Company’s schedule for construction of the Project, Company is requesting issuance of regulatory approvals on an accelerated schedule for which there is no precedent in Xxxxxx County, and that meeting Company’s schedule depends as much on Company as on County. 4.11.2 Accordingly, the Parties acknowledge that both 4.11.2.1 Timely submission by Company of administratively-complete development applications and related materials for County regulatory approvals of incremental phases of the Project, and 4.11.2.2 Timely review of those applications and materials and action on those approvals by County are required to achieve the schedule for construction of the Project. 4.11.3 The Parties acknowledge that development applications for the Project will be submitted and approvals will be acted on for incremental phases of development of the Project with the objectives of starting construction as soon as reasonably practicable and completing the construction of the Project on Company’s schedule. 4.11.4 By August 1, 2020, County and Company will each designate in writing a dedicated review team to promote expeditious review of applications and related materials and action by the County and City of Austin on regulatory approvals. Each Party’s review team will meet with each other and city review staff at scheduled intervals to facilitate timely review of applications and materials and action on regulatory approvals. 4.11.5 County shall provide Company written comments on Company’s applications and later formal updates within ten Working Days after Company’s submission of those applications and updates. In return, Company shall provide County a written response to County’s comments within ten Working Days of receipt. 4.11.6 Company acknowledges that County does not have the capacity at its current staffing level to handle both 4.11.6.1 The normal volume of development applications that area developers will be submitting to County in the near future, and 4.11.6.2 Development applications for a development of the size and complexity, and with the accelerated schedule of, the Project. To accommodate Company’s request for expeditious review and action on development applications and regulatory approvals for the Project, County will contract with third parties to assist County with those reviews and Company will reimburse County for its actual costs on a quarterly basis. 4.11.7 County acknowledges that County permits previo...
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Development Agreement Provisions. (1) Notwithstanding other policies of this Municipal Planning Strategy except 10.2.1(2), a development agreement for the property located at 0000 xxx 0000 Xxxxxxxx Xxxx shall: a) permit a multi-unit, mixed-use building, up to 8 storeys in height on part of the property near Quinpool Road, and up to 3 storeys in height on the part of the site closer to Pepperell Street; The DA permits an 8-storey building, with a 3- storey section that faces Pepperell Street. The 8-storey section of the building is set back 18.5 metres from Pepperell Street. Schedule D of the DA shows this on building elevations. b) permit a range of uses that serve both a local and regional population, including: residential, office, retail, service, restaurants, institutional, cultural and entertainment uses, and establishments licensed to serve alcohol; The DA permits: residential uses; restaurants and licensed alcohol establishments (excluding cabarets and lounges); micro brewery or micro distillery; banks and office uses (up to 4,000 square metres); retail uses; commercial recreation uses; personal and professional services; daycares; institutional uses; medical clinics and medical offices; cultural uses; work- live units; commercial parking c) limit the commercial uses that are permitted to front on Pepperell Street; The following uses are not permitted to front on Pepperell Street: restaurants and licensed alcohol establishments; micro brewery or micro distillery; banks and office uses; retail uses and pharmacies; and commercial recreation uses d) require a mix of residential unit types; The DA requires that at least 30% of all units have two or more bedrooms. e) require the façade facing Pepperell Street to have units with ground level entrances that connect to the sidewalk; The façade facing Pepperell Street has four units with ground level entrances, as shown on Schedule D of the DA. f) restrict the streetwall height facing Quinpool Road to 3 storeys, and require a stepback above the streetwall; The DA requires a 3 storey streetwall, as shown in the elevations that form Schedule D. The setback plan (Schedule B) shows a 3 metre horizontal stepback above the streetwall. g) permit a penthouse structure above the 8th floor, containing mechanical equipment, elevator overruns, common amenity space and up to 2 residential units, which shall be setback from the edge of the roof and shall not cover more than 30% of the building’s roof; The penthouse is setback at least 4.5 metres from roof...
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Development Agreement Provisions. A development agreement shall contain the following, when applicable:
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Development Agreement Provisions. (a) A development agreement shall, as a minimum: (1) Describe the land subject to the development agreement; (2) Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings; (3) Provide, where appropriate, for reservation or dedication of land or easements for public purposes to include but not limited to roads, water, drainage, waste disposal, public utilities, public safety facilities, and open space as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect at the effective date of the development agreement; and (4) The development agreement shall provide commencement dates and completion dates for the requirements set forth therein; provided that: (A) Such dates as may be set forth in the agreement may be extended upon the request of the principal for good cause shown, subject to, however, the approval of the County wherein such approval shall be at the sole discretion of the County and the cumulative total of extensions shall not exceed one year in any five year period; (B) In the event a party to the development agreement requests an extension of a specified duration as a result of any delay in the performance of any of the obligations of the parties to the agreement hereunder and which occurs as a result of unforeseeable causes beyond the control and without the fault or negligence of any party to the development agreement, including, but not limited to, acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes or walkouts, freight embargoes, or unusually severe weather, a reasonable extension of time for the commencement, completion, or termination dates shall be granted by the other parties thereto for the performance of the terms of the development agreement notwithstanding any time limitations otherwise applicable in this section; and (C) The parties shall not be precluded from further extending such dates by mutual agreement or from entering into subsequent agreements subject to the approval of the County council as provided herein. Development Agreements § 30-7 (5) Provide a termination date; provided that the parties shall not be precluded from amending the development agreement pursuant to section 30-9 of this chapter to extend the termination date by mutual agreement or from entering into subsequent development agreements. (b) The development agreement also may cover any other matter not...
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Related to Development Agreement Provisions

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Collaboration Agreement The Collaboration Agreement shall not have been terminated in accordance with its terms and shall be in full force and effect.

  • Agreement Provisions If the Company, on behalf of any Account, purchases Trust Portfolio shares (“Eligible Shares”) that are subject to a Rule 12b-1 plan adopted under the 1940 Act (the “Plan”), the Company, on behalf of its Distributor, may participate in the Plan.

  • Cooperation Agreement If a Cooperating Institution is appointed, the Fund shall enter into a Cooperation Agreement with the Cooperating Institution setting forth the terms and conditions of its appointment.

  • Parties to Lock-Up Agreements The Company has furnished to the Underwriters a letter agreement in the form attached hereto as Exhibit A (the “Lock-up Agreement”) from each of the persons listed on Exhibit B. Such Exhibit B lists under an appropriate caption the directors and executive officers of the Company. If any additional persons shall become directors or executive officers of the Company prior to the end of the Company Lock-up Period (as defined below), the Company shall cause each such person, prior to or contemporaneously with their appointment or election as a director or executive officer of the Company, to execute and deliver to the Representatives a Lock-up Agreement.

  • Agreement Overview This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process.

  • License Agreement The Trust shall have the non-exclusive right to use the name "Invesco" to designate any current or future series of shares only so long as Invesco Advisers, Inc. serves as investment manager or adviser to the Trust with respect to such series of shares.

  • Transition Agreement In the event of termination of this Agreement in its entirety by AbbVie pursuant to Section 12.3.2 or by Galapagos pursuant to Section 12.2.1, or with respect to one (1) or more countries or other jurisdictions by AbbVie pursuant to Section 12.3 or by Galapagos pursuant to Section 12.2.2(i), Galapagos and AbbVie shall negotiate in good faith the terms and conditions of a written transition agreement (the “Transition Agreement”) pursuant to which AbbVie and Galapagos will effectuate and coordinate a smooth and efficient transition of relevant obligations and rights to Galapagos as reasonably necessary for Galapagos to exercise the licenses granted pursuant to Sections 12.6 or 12.7 after termination of this Agreement (in its entirety or with respect to one (1) or more countries or other jurisdictions, as applicable) as and to the extent set forth in this Article 12. For clarity, AbbVie shall not be required to Manufacture or have Manufactured the Molecules or Products by or on behalf of Galapagos as part of the Transition Agreement. 12.8.1 The Transition Agreement shall provide that in the event of a termination of this Agreement in its entirety by AbbVie pursuant to Section 12.3.2 or by Galapagos in its entirety pursuant to Section 12.2.1, AbbVie shall: (i) where permitted by Applicable Law, transfer to Galapagos all of its right, title, and interest in all Regulatory Documentation then Controlled by AbbVie or its Affiliates or Sublicensees and in its/their name applicable to the Products in the Territory that are the subject of an exclusive license grant in Section 12.6.1(iii); (ii) notify the applicable Regulatory Authorities and take any other action reasonably necessary to effect the transfer set forth in clause (i) above; (iii) if requested by Galapagos and unless expressly prohibited by any Regulatory Authority, transfer control to Galapagos of all Clinical Studies being Conducted by AbbVie or its Affiliates or Sublicensees as of the effective date of termination and continue to Conduct such Clinical Studies, at Galapagos’ cost, for up to […***…] ([…***…]) months to enable such transfer to be completed without interruption of any such Clinical Study; provided, that (a) Galapagos shall not have any obligation to continue any Clinical Study unless required by Applicable Law, and (b) with respect to each Clinical Study for which such transfer is expressly prohibited by the applicable Regulatory Authority, if any, AbbVie shall continue to Conduct such Clinical Study to completion, at Galapagos’ cost; and (iv) assign (or cause its Affiliates or Sublicensees to assign) to Galapagos all agreements with any Third Party with respect to the Conduct of pre-clinical Development activities, Clinical Studies or Manufacturing activities for the Products, including agreements with contract research organizations, clinical sites, and investigators, unless, with respect to any such agreement, (a) Galapagos declines such assignment, or (b) such agreement (1) expressly prohibits such assignment, in which case AbbVie shall cooperate with Galapagos in reasonable respects to secure the consent of the applicable Third Party to such assignment, or (2) covers products covered by Patents Controlled by AbbVie or any of its Affiliates in addition to the Products, in which case AbbVie shall, at Galapagos’ sole cost and expense, cooperate with Galapagos in all reasonable respects to facilitate the execution of a new agreement between Galapagos and the applicable Third Party. 12.8.2 The Transition Agreement shall provide that in the event of a termination of this Agreement with respect to a country or other jurisdiction by AbbVie pursuant to Section 12.3 or by Galapagos pursuant to Section 12.2.2(i) (but not in the case of any termination of this Agreement in its entirety), AbbVie shall: (i) where permitted by Applicable Law, transfer to Galapagos all of its right, title, and interest in all Regulatory Approvals owned by, or in the name of, AbbVie or its Affiliates or Sublicensees, which Regulatory Approvals are solely applicable to the relevant country or jurisdiction and the Products that are the subject of an exclusive license grant in Section 12.7, as such Regulatory Approvals exists as of the effective date of such termination of this Agreement with respect to such relevant country or jurisdiction; provided, that AbbVie retains a license and right of reference under any Regulatory Approval transferred pursuant to this clause as necessary or reasonably useful for AbbVie to Commercialize Products in the Territory, Develop Molecules or Products in support of such Commercialization, or Manufacture Molecules or Products in support of such Development or Commercialization; (ii) notify the applicable Regulatory Authorities and take any other action reasonably necessary to effect the transfer set forth in clause (i) above; (iii) grant Galapagos a right of reference to all Regulatory Documentation then owned by, or in the name of, AbbVie or its Affiliates or Sublicensees, and which Regulatory Documentation is not transferred to Galapagos pursuant to clause (i) above, and is necessary or reasonably useful for Galapagos, any of its Affiliates or sublicensees to Develop or Commercialize in the terminated country or jurisdiction the Product(s) that are the subject of the license grant in Section 12.7 as such Regulatory Documentation exists as of the effective date of such termination of this Agreement with respect to such terminated country or jurisdiction; (iv) if requested by Galapagos and unless expressly prohibited by any Regulatory Authority, transfer control to Galapagos of all Clinical Studies specific to such terminated country(ies) being Conducted by AbbVie or its Affiliates or Sublicensees as of the effective date of termination and continue to Conduct such Clinical Studies, at Galapagos’ cost, for up to […***…] ([…***…]) months to enable such transfer to be completed without interruption of any such Clinical Study; provided, that (a) Galapagos shall not have any obligation to continue any Clinical Study unless required by Applicable Law, and (b) with respect to each Clinical Study for which such transfer is expressly prohibited by the applicable Regulatory Authority, if any, AbbVie shall continue to Conduct such Clinical Study to completion, at Galapagos’ cost; and (v) assign (or cause its Affiliates or Sublicensees to assign) to Galapagos all agreements with any Third Party with respect to the Conduct of Clinical Studies specific to such terminated country(ies), including agreements with contract research organizations, clinical sites, and investigators, unless, with respect to any such agreement, (a) Galapagos declines such assignment, or (b) such agreement (1) expressly prohibits such assignment, in which case AbbVie shall cooperate with Galapagos in reasonable respects to secure the consent of the applicable Third Party to such assignment, or (2) covers products covered by Patents Controlled by AbbVie or any of its Affiliates in addition to the Products, in which case AbbVie shall, at Galapagos’ sole cost and expense, cooperate with Galapagos in all reasonable respects to facilitate the execution of a new agreement between Galapagos and the applicable Third Party.

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively: (a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit; (b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.

  • PARTIES TO AGREEMENT This agreement is between the University of Central Florida (UCF) on behalf of its Board of Trustees, for the benefit of the University of Central Florida Department of Housing and Residence Life (UCF DHRL), and any person seeking residence accommodations in any of the various UCF DHRL residences (the Student). If the Student is a minor, or suffers any incapacity affecting the Student’s legal ability to enter into a contract, the term the Student shall also include the Student’s parent or legal guardian. The Student may not designate another person to act as agent or representative of the Student with regard to this agreement (i.e., having a friend pick up or turn in keys). The Student remains personally responsible for all rights and obligations arising from or related to this agreement.

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