Development Restrictions. The development rights granted to Licensee may only be exercised by Licensed Users that Licensee has designated as either a Licensed Developer or a “Licensed User” and for whom Licensee has paid the applicable license fees. If one supported Licensed Developer or a Licensed User ceases to be employed by or under contract to Licensee or permanently ceases work on projects involving the Licensed Software, then Licensee may designate an alternate person to replace such Licensed Developer or a Licensed User at no additional cost. However, individual licenses may not be used by different persons in shifts. Licensee may not create a programmatic interface that makes use of the Licensed Software application programming interfaces for use by any party other than Licensed Developers or a Licensed User and must ensure that persons other than Licensed Developers or a Licensed User do not have programmatic access to the Licensed Software either directly or
Development Restrictions. Licensee agrees that Licensee will not use the SDK Components to create, develop or use any program, software or service which (1) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (2) when used in the manner in which it is intended, violates any material law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); or (3) interferes with the operability of other Adobe or third-party programs or software.
Development Restrictions. The development rights granted to Licensee in Section 2.1 may only be exercised by individual developers employed by or under contract to Licensee that Licensee has designated as “Licensed Developers” and for whom Licensee has paid the applicable per product or per module development license fees. If one Licensed Developer ceases to be employed by or under contract to Licensee or permanently ceases work on projects involving the Licensed Software, then Licensee may designate an alternate developer to replace such Licensed Developer at no additional cost. However, the development license is not a concurrent license that may be used by numerous developers in shifts or on an outsourced basis for a temporary period. Licensee may not create a programmatic interface that makes use of the Licensed Software application programming interfaces for use by any party other than Licensed Developers and must ensure that persons other than Licensed Developers do not have programmatic access to the Licensed Software or RW Libraries either directly or indirectly. Nothing herein shall grant Licensee the right to grant its customers the right to programmatically use or grant others the right to programmatically use the Licensed Software or RW Libraries.
Development Restrictions. MSLS is a party to operating ------------------------ agreements with respect to all Senior Living Facilities owned indirectly by FGI on the date hereof and listed on Schedule 1 to this Agreement (the "Forum Operating Agreements"), and, in accordance therewith, the parties thereto have agreed upon certain restrictions regarding development of Similar Properties within specified regions. These regions are referred to as "Area A" and "Area B" in each Forum Operating Agreement. As used herein, "Similar Property" means a then-existing full service retirement community offering the full care continuum of independent living (predominantly), assisted living, and health care services, and "Assisted Living Facility" means a retirement community or facility dedicated in its entirety to assisted living accommodations and services, Alzheimer's facilities and nursing care facilities, so long as the Alzheimer's and nursing care facilities constitute less than half of such community or facility.
Development Restrictions. 5.1 This sale will be subject to the following conditions, which will be strictly imposed and enforced by the SELLER:
5.1.1 The development of the PROPERTY will at all times be subject to the provisions of applicable legislation, the ZLR Constitution, the Governing Rules, the Resort Guides, the Constitution of the Association and any Conduct Rules issued in terms thereof;
5.1.2 Whilst it is intended that the PROPERTY shall be developed, it is nevertheless recorded that the PURCHASER may under no circumstances seek to increase the allowable gross letting area (“bulk”) allocated to the PROPERTY, should the PURCHASER wish to increase the footprint of any proposed structures on the PROPERTY;
5.1.3 The PURCHASER will construct strictly in accordance with a proposed site development plan to be approved by the SELLER;
5.1.4 The PURCHASER will construct sufficient parking bays on the PROPERTY to adequately serve any development on the PROPERTY, and will moreover ensure suitable vehicular ingress and egress from the PROPERTY;
5.1.5 It is recorded that the construction and operation of any retail or other development may require special consent from the Local Authority. The approval or rejection of such an application for special consent shall not be a condition of this Agreement and the PURCHASER shall conduct such application process at its own risk and at its own cost;
5.1.6 In the event that the PURCHASER, or any subsequent owner of the PROPERTY, elects to sell the entire PROPERTY or to convert components thereof into a Sectional Title Scheme, such owner at the time shall:
5.1.6.1 be obliged to make use of the agreements of sale provided by the SELLER when selling the PROPERTY or any sectional title UNIT in the Scheme developed on the PROPERTY;
5.1.6.2 make use of the CONVEYANCERS to attend to the opening of the Sectional Title Register, if applicable, in respect of the Scheme developed on the PROPERTY, and to attend to the transfer of either the PROPERTY as a whole, or all sectional title Units sold to prospective purchasers thereof;
5.1.6.3 cede and delegate the functions and powers of the Body Corporate to be established for any such Scheme then developed on the PROPERTY to the Association in terms of the ACT.
5.2 The restrictions in 5.1 above has been inserted to protect the quality and standard of real estate and convenience offerings in the RESORT, to enforce and protect the interests of the ZLR and the Association, and to ensure that the requisite title c...
Development Restrictions. The following restrictions shall apply to development of the Property.
6.1.3.1 The Property shall be platted and used for not more than 273 single-family residential dwelling units.
6.1.3.2 The only other uses allowed for the Property shall be storm water retention/detention/treatment, environmental mitigation and/or flood plain compensation areas, a linear greenway/trail system to connect Millenium Park to the Boca Ciega Bay frontage area, typical homeowner’s association recreational and common areas, and such excavation, fill, remediation, water quality filtration/treatment system and other site work related to the Florida Brownfields Redevelopment Program identified in Section 6.1.5, below (collectively the “Residential Supporting Uses”).
6.1.3.3 There shall be no multi-family use, nor any commercial, office or other non-residential uses for the Property.
Development Restrictions. The development rights granted to Licensee in Section 2.1 may only be exercised by Licensed Developers. With regard to individual or node-locked developer licenses, if one Licensed Developer ceases to be employed by, or under contract to, Licensee, or permanently ceases work on projects involving the Licensed Software, then Licensee may designate an alternate Licensed Developer to replace such departed Licensed Developer at no additional cost. However, individual or node-locked development licenses may not be used by numerous developers in shifts. Conversely, concurrent or floating development licenses may be used by any number of individuals so long as the maximum number of individuals using the Licensed Software at any time does not exceed the number of concurrent or floating development licenses purchased. Licensee may not create a programmatic interface that makes use of the Licensed Software application programming interfaces for use by any party other than Licensed Developers and must ensure that persons other than Licensed Developers do not have programmatic access to the Licensed Software, either directly or indirectly. Licensee may not allow anyone other than a Licensed Developer to use the Licensed Software or Documentation for the development of Applications or allow Licensed Developers to use the Licensed Software or Documentation for any purpose except for the development of Applications.
Development Restrictions. The Borrower represents and warrants as of the date hereof, and covenants that:
(a) The Borrower has reviewed the provisions of this Regulatory Agreement with its counsel and understands said provisions.
(b) Any functionally related and subordinate facilities (e.g., parking areas, laundry facilities, tenant offices, physical therapy rooms, dining rooms, meeting rooms, common areas, swimming pools, tennis courts, etc.) (the “Related Facilities”) to the Development will be made available to all tenants of the Development on an equal basis. Fees charged to residential tenants for use of the Related Facilities will be commensurate with fees charged for similar facilities at similar residential rental properties in the surrounding area and, in no event will any such fees charged to tenants of the Development be discriminatory or exclusionary as to the low-income tenants of the Development. No Related Facilities will be made available to persons other than tenants or their guests. Parking, if available, will be made available to all tenants on a first come, first served basis.
(c) For the Qualified Project Period, the Borrower shall not: (1) except upon a sale or transfer of the Development in accordance with the terms of this Regulatory Agreement, the Loan Agreement (as hereinafter defined) or the Security Instrument (as defined in the Indenture), encumber any portion of the Development or grant commercial leases of any portion thereof or permit the conveyance, transfer or encumbrance of any portion of the Development (except for apartment leases), it being understood that the terms of the financing will be subordinate to this Regulatory Agreement or (2) demolish any part of the Development or substantially subtract from any real or personal property of the Development; provided, that nothing herein shall prohibit the Borrower from granting operating leases and/or licenses of those facilities constituting part of the Development which are functionally related and subordinate to the residential units, such as laundry or recreational facilities, for the purpose of providing for the operation of such facilities for the benefit of the Development.
(d) For the Qualified Project Period, the Borrower shall exercise reasonable diligence to comply with the requirements of this Regulatory Agreement and shall correct any noncompliance within sixty (60) days after such noncompliance is first discovered or would have been discovered by the exercise of reasonable diligence.
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Development Restrictions. Except for drainage structures, Grantor shall not construct permanent structures on any portion of the Property, and Grantor agrees that except for permits for construction of drainage structures, no building permits or other permits shall be issued for the purpose of constructing permanent structures on any portion of the Property. Grantor hereby waives and relinquish any rights they might otherwise have to such permits.
Development Restrictions. To the knowledge of the Stockholders, there are no matters affecting the Real Property which might curtail or interfere with the use of any of the Real Property for the purposes for which such Real Property is now used by Xxxxxxxx.
