Exclusive Development Rights Sample Clauses
The Exclusive Development Rights clause grants one party the sole authority to develop a specific product, technology, or intellectual property within a defined scope or territory. In practice, this means that the party receiving the exclusive rights is the only entity permitted to undertake development activities related to the subject matter, and the granting party cannot license or assign these rights to others during the exclusivity period. This clause is commonly used to incentivize investment and innovation by ensuring that the developer has a protected opportunity to recoup their efforts without competition from others working on the same project.
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Exclusive Development Rights. During the term of this Agreement, the City and the EDA each agree that it will not negotiate or contract with any other party concerning the sale or development of the Property. The Developer shall not assign or transfer its rights under this Agreement in full or in part, or enter into any subcontracts to perform any of its obligations hereunder, without the prior written consent of the City and the EDA.
Exclusive Development Rights. The Parties agree that during the Development Term, Developer shall have the exclusive right to develop and construct the Development Projects, including any portion thereof, on the ▇▇▇▇▇▇▇▇ Rail Property. Current Operator shall not, and shall not permit any other Person during the Development Term, to develop, construct or install any facilities or other improvements on the ▇▇▇▇▇▇▇▇ Rail Property that would expand the operational capacity of the ▇▇▇▇▇▇▇▇ Rail Terminal Facility without the prior written approval of Developer, which approval maybe given or withheld in the sole and absolute discretion of Developer.
Exclusive Development Rights. 3.1 The Parties agree that during the Initial Term and any Renewal Term (collectively, the “Development Term”), USDM shall have the exclusive right to develop, own and operate any additional improvements or businesses at the ▇▇▇▇▇▇ Terminal or any portion of the property thereof other than any improvements existing as of the Effective Date and the provision of the Terminalling Services (collectively, “Development Projects”), provided that no Development Project may materially interfere with the provision by SCT of any Terminalling Services. SCT shall not, and shall not permit any other person or entity during the Development Term, to develop, construct or install any facilities or other improvements at the ▇▇▇▇▇▇ Terminal or any portion of the property thereof (other than the development, construction or installation of any facilities or other improvements related to the Terminalling Services by SCT) without the prior written approval of USDM, which approval maybe given or withheld in the sole and absolute discretion of USDM.
3.2 In the event that USDM desires to exercise its right to commence a Development Project at the ▇▇▇▇▇▇ Terminal pursuant to this Section 3, SCT agrees and covenants to fully cooperate with USDM in connection with each such Development Project and, without in any way limiting the foregoing, the following shall apply:
(a) SCT shall sell, lease, grant an easement or otherwise convey to USDM, its Affiliates, its customers and/or any other third parties, on reasonable and arms-length terms and for reasonable and arms-length consideration, the rights to, or to use, those portions of the ▇▇▇▇▇▇ Terminal necessary for the development, ownership and operation of such Development Project, including, without limitation, permanent and/or temporary easements, access rights and development and use rights (the “Easements and Related Rights”) in, on, over, under and across the ▇▇▇▇▇▇ Terminal in connection with such Development Project, including, but not limited to, easements and related rights for access (including vehicle road access), rail purposes, utilities, drainage and storm water retention facilities, construction and grading (including for slopes and roads), aerial easements and for other general use purposes as necessary to support the commencement, completion and operation of such Development Project to or for the benefit of USDM or such other third parties as USDM shall reasonably request, provided that the location and terms of such E...
Exclusive Development Rights. Developer shall have until January 1, 2023 to negotiate a Redevelopment Funding Agreement and Use Agreement with the City for the Property to build and operate the Minimum Improvements consistent with the Coordinated Plan requirements. Time is of the essence. If Developer is not making progress consistent with the following milestones, the State bond funding described below will be at risk. Developer’s continued exclusive development rights are contingent upon Developer complying with the following due diligence milestones:
A. Prepare and submit a completed Predesign Submittal for the State Bond Funding after which, the City and Developer will begin negotiating the terms of the State grant funding for the Project.
B. Prepare and submit a conceptual site plan and elevations for review by the City.
C. Review and approve proposed rough grading plan for the site ▇. ▇▇▇▇▇▇▇▇▇ and City will either (i) reach agreement on what it is estimated to cost the Project if it was required to provide and manage its own stormwater on the Parcel (the “Stand-Alone Stormwater Cost Estimate) or (ii) the Developer will not participate in the shared stormwater management system expected at the Upper Harbor Terminal site and will provide and manage its own stormwater on the Parcel unless otherwise agreed to by the CPED Director. In an effort to reach agreement on the Stand-Alone Stormwater Cost Estimate, the Developer has retained ▇▇▇▇▇▇ ▇▇▇▇ to develop the design and cost estimate for a stand-alone stormwater system for the Parcel which will be compared to the ▇▇▇▇▇▇ ▇▇▇▇ estimate that was prepared by United Properties Development LLC.
E. Prepare and submit an Event Transportation Management Plan (the “ETMP”) for the Project that includes parking plans and has agreements in place (or price quotes) for any parking and shuttle arrangements.
F. Internally prepare Developer’s comprehensive strategy for maximizing Community participation in the Project development, vendor opportunities, programming and activation, and providing living wage jobs and career pathways that will provide an opportunity to generate wealth for the Community and submit it to the City.
▇. ▇▇▇▇▇▇▇ and submit an analysis evaluating the economic feasibility of achieving carbon neutrality for the Project.
H. Submit completed land use applications for the Project
▇. ▇▇▇▇▇▇▇ and submit a schematic design for the Project that is informed by a community engagement process, (coordinated by ▇▇▇▇▇▇▇▇▇.)
▇. ▇▇▇▇▇▇▇▇▇ the t...
Exclusive Development Rights. The Exclusive Development Rights which CTNE is entitled to are unconditional and irrevocable. CTNE legally owns adequate rights to use the Exclusive Development Rights as described in the DD Documents. There is no claim, action or proceeding being made or brought, or to the knowledge of CMNE, being threatened, against CMNE or CTNE regarding the Exclusive Development Rights. Neither CMNE nor CTNE is aware of any facts or circumstances which might give rise to any of the foregoing infringements or claims, actions or proceedings.
Exclusive Development Rights. 3.1 The Parties agree that during the Initial Term and any Renewal Term (collectively, the “Development Term”), USDCF shall have the exclusive right to develop, own and operate any additional improvements or businesses at the West Colton Terminal or any portion of the property thereof other than any improvements or businesses existing as of the Effective Date and the provision of the Terminalling Services (collectively, “Development Projects”), provided that no Development Project may materially interfere with the provision by WCRT of any then-existing Terminalling Services and that such Development Project shall not violate the terms and conditions of the Lease. WCRT shall not, and shall not permit any other person or entity during the Development Term, to develop, construct or install any facilities or other improvements at the West Colton Terminal or any portion of the property thereof (other than the development, construction or installation of any facilities or other improvements related to the Terminalling Services by WCRT) without the prior written approval of USDCF, which approval maybe given or withheld in the sole and absolute discretion of USDCF, and if applicable, the prior written approval of the Lessor.
3.2 In the event that USDCF desires to exercise its right to commence a Development Project at the West Colton Terminal pursuant to this Section 3, WCRT agrees and covenants to cooperate in good faith with USDCF in connection with each such Development Project and, without in any way limiting the foregoing and in each case subject to compliance with the terms and conditions of the Lease, the following shall apply:
(a) WCRT shall sell, lease, grant an easement or otherwise convey to USDCF, its Affiliates, its customers and/or any other third parties, on reasonable and arms-length terms and for reasonable and arms-length consideration, the rights to, or to use, those portions of the West Colton Terminal necessary for the development, ownership and operation of such Development Project, including, without limitation, permanent and/or temporary easements, access rights and development and use rights (the “Easements and Related Rights”) in, on, over, under and across the West Colton Terminal in connection with such Development Project, including, but not limited to, easements and related rights for access (including vehicle road access), rail purposes, utilities, drainage and storm water retention facilities, construction and grading (including for...
Exclusive Development Rights. Subject to the terms and conditions set forth below, GuestHouse hereby grants to Western the exclusive right to construct, establish, develop, own. operate and maintain GuestHouse affiliated properties in the states of Washington, Oregon, Montana, Idaho and Alaska (the "Designated Area") for a twenty year period ending December 31, 2018. So long as this Agreement is in effect, no other person shall be allowed to enter into a franchise agreement with GuestHouse 'in the Designated Area without the prior written consent of Western.
Exclusive Development Rights a. Consulting Rights in Favor of Kean. Lakes Entertainment, Inc. ("Lakes Entertainment") agrees ▇▇▇t so long as any loans and similar obligations of Debtor to Lakes Entertainment or any of its Affiliates remain owing and unpaid, Lakes shall grant Debtor the right to be a consultant to Lakes Entertainment with respect to each gaming project opportunity pursued by Lakes Entertainment or any of it s Affiliates in the State of Oklahoma (each an "Oklahoma Gaming Opportunity. Lakes shall promptly notify Debtor in writing of all Oklahoma Gaming Opportunities. From the date of receiving such notice, Debtor shall have thirty (30) days to consider the Oklahoma Gaming Opportunity and notify Lakes Entertainment whether he intends to accept such consulting engagement. In the event that Debtor declines such opportunity or fails to respond within such thirty (30) day period, Lakes Entertainment shall have the right to pursue such opportunity individually or with any other party. If Debtor shall accept such consulting engagement, then Debtor and Lakes Entertainment shall enter into a consulting agreement with respect to such Oklahoma Gaming Opportunity on substantially the same terms and conditions as set forth in the Kickapoo Consulting Agreement. Lakes Entertainment shall have the right to assign its rights and obligations under this Section 5 to one or more of its subsidiaries.