Effect of Project Modifications Sample Clauses

Effect of Project Modifications. At each Plot Plan review within the Project or at such other intervals as determined by City, the City shall identify and record the anticipated flows from the proposed use and, to determine available remaining capacity, shall deduct such anticipated flows from the total Reserved Off-Site Flow. Following occupancy, the Parties, or either of them, may calculate actual sewer flows from each Building to conform City records to the as-built sewer flow condition. However, if, at consideration of any Plot Plan, it is determined by the City that the projected maximum flow from the proposed use, together with actual measured flow generated by the Project, exceeds or will exceed the total Reserved Off-Site Flow such impacts shall be mitigated at the sole cost and expense of the Owner. Owner agrees not to challenge such impact mitigation based on any argument that the impact was not caused by the Owner and agrees to mitigate the same. If an established use of a Building after the issuance of the initial Plot Plan approval is changed in a manner that increases the impact to the sewer system and the projected maximum flow from the proposed use, together with actual measured flow generated by the Project, exceeds or will exceed the total Reserved Off-Site Flow, the City reserves the right to require such Owner to mitigate such increase from the inception of such use in connection with any future approval of a Plot Plan, building permit or certificate of occupancy. City may enforce Owner’s obligation by requiring Owner to pay for such mitigation impacts and they shall be due upon demand. City may also require the Owner to build such improvements or alter its use of the Project accordingly to resolve such sewer capacity issues. All sewer discharges from the Project shall comply with the applicable provisions of law, regulations, policies, and orders including, but not limited to, those contained in the Beaumont Municipal Code.