Impact Fees and Exactions Sample Clauses

Impact Fees and Exactions. During the first ten (10) years of the Term, as extended by the Litigation Extension (if any), no Impact Fees and Exactions shall apply to the Project or components thereof except for (i) the SFPUC Capacity Charges in effect at the time of assessment and (ii) those in effect as of the Effective Date. Starting on the tenth (10th) anniversary of the Effective Date, as extended by the Litigation Extension (if any), all Impact Fees and Exactions in effect at the time of assessment shall apply to any development on the Project Site under this Agreement. For the purposes of this Section 5.4.2, any sums payable as part of the Community Benefits Fee shall not be considered Impact Fees and Exactions.
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Impact Fees and Exactions. 2.3.1 The Project shall only be subject to the Impact Fees and Exactions, as set forth in Exhibit D, and City shall not impose any new Impact Fees or Exactions on the development of the Project or impose new conditions or requirements for the right to develop the Project (including required contributions of land, public amenities or services) except as set forth in this Agreement, provided, Developer shall pay the Impact Fees and Exactions in the dollar amount that applies, on a City-wide basis, at the time that Developer applies for a permit or approval in connection with the Project. Accordingly, Developer shall be subject to all increases in the Impact Fees and Exactions as established by the City from time to time during the Term and that are applied to all development in the City. But Developer shall not be subject to new categories of impact fees or exactions, or the imposition of new development conditions, that are adopted by the City from and after the Effective Date in connection with the development of the Project. Any substitute Impact Fees and Exaction that replaces (but does not expand the purpose or scope of) an Impact Fees and Exaction shown in Exhibit D shall apply to the Project, and shall not be considered a new categories of impact fee as set forth above. 2.3.2 The City shall assess Impact Fees and Exactions only against the net new Gross Floor Area for each use at the Project Site. Notwithstanding the foregoing, the City shall not assess Impact Fees and Exactions against the Replacement Units regardless of whether the Replacement Units have a larger Gross Floor Area than the existing units that they are replacing. In addition, the City shall not assess Impact Fees and Exactions against a percentage of the Gross Floor Area of the Common Area of the Replacement Building determined in accordance with the percentage of Gross Floor Area of the Replacement Units compared to the Gross Floor Area of all of the Units in the Replacement Building. The foregoing shall be calculated in the following manner: (i) the total Gross Floor Area of the Replacement Building comprised of residential units (both Replacement Units and non- Replacement Units) shall be subtracted from the total Gross Floor Area of the Replacement Building, the result of which shall represent the common area; and (ii) the Gross Floor Area of the Replacement Units shall be compared to the Gross Floor Area of the non-Replacement Units to determine the percentage of Common Area that...
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Impact Fees and Exactions. Without limiting subsection 3(c) above, the Development Agreement shall specify those impact fees and exactions applicable to the Project, which shall include, without limitation, the County’s non-residential affordable housing impact fees (as set forth in Chapter 18.07 et seq. of the Napa County Planning Code), the transportation impact fee established for this Project as established in the MMRP and, subject to agreement between the County and the City of Napa, City impact fees for fire and paramedic facilities. The Development Agreement shall limit the imposition of new impact fees and exactions for the term of the Development Agreement except as may otherwise be expressly provided in the Development Agreement. Any limit on new fees and exactions under the Development Agreement shall not include terms of water service separately negotiated between NRP and the water service provider, the requirements of, and fees payable under Building Codes in effect from time to time generally applicable on a Countywide (or Citywide, in the case of annexation) basis to similar land uses, terms of sewer service separately negotiated between NRP and the Napa Sanitation District as sewer service provider, or other utility connection fees in effect from time to time generally applicable on a Countywide (or City-wide in the case of annexation) basis to similar land uses. The Development Agreement shall not limit the applicability of the County’s Building Code and life safety regulations in effect and as amended from time to time.
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Impact Fees and Exactions. The only Impact Fees and Exactions that will apply to the Project shall be the Impact Fees and Exactions listed on Exhibit P (the “Applicable Impacts Fees and Exactions”), and (2) the rates of the Applicable Impact Fees and Exactions as applied shall be subject to annual escalation in accordance with the methodology currently (as of the Reference Date) provided in Planning Code Section 409, applied from the Effective Date to the date that the Applicable Impact Fee and Exaction is paid. The City shall assess Impact Fees and Exactions only against the net new Gross Floor Area for each use at the Project Site.‌
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Impact Fees and Exactions. During the Term, as extended by any Litigation Extensions, no Impact Fees and Exactions shall apply to the Project or components thereof except for (i) the SFPUC Capacity Charges, (ii) those Impact Fees and Exactions in effect as of the Effective Date, (iii) New City Laws that do not conflict with this Agreement as set forth in Section 5.6, and (iv) as expressly set forth below in this Section. The Impact Fees and Exactions and SFPUC Capacity Charges shall be calculated and determined at the time payable in accordance with the City requirements on that date, and the parties acknowledge and agree that the Impact Fees and Exactions shall be subject to the Planning Department’s final confirmation once the applicable final land uses and Gross Floor Area are determined. Accordingly, Developer shall be subject to any increase or decrease in the fee amount payable, but will not be subject to any new types of Impact Fees and Exactions or modification to existing Impact Fees and Exactions (e.g., any increase in the required number or percentage of affordable housing units, any change in the minimum or maximum area median income (AMI) percentage levels for the affordable housing pricing or income eligibility, changes to unit type requirements, or any reduction in the threshold of applicability for imposition of a fee, such as square footage), or any increase in any fee in excess of the annual or other regularly scheduled increase in such fee (e.g., annual increases based on the Annual Infrastructure Construction Cost Inflation Estimate, Consumer Price Index, Cost of Living Adjustment, or other index) after the Effective Date.
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Impact Fees and Exactions. During the Term, as extended by the Litigation Extension and Excusable Delay (if any), no Impact Fees and Exactions shall apply to the Project or components thereof except for (i) the SFPUC Capacity Charges, (ii) those in effect as of the Effective Date (exclusive of Planning Code Section 415, which does not apply), and
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Related to Impact Fees and Exactions

  • Interest Fees and Expenses (a) Interest on the Revolving Loans, whether bearing interest based on the Chase Bank Rate or LIBOR, shall be payable monthly as of the end of each month. Chase Bank Rate Loans shall be an amount equal to the Chase Bank Rate plus one quarter of one percent (.25%) per annum on the average of the net balances owing by the Company to CIT in the Revolving Loan Account at the close of each day during such month. In the event of any change in said Chase Bank Rate, the rate hereunder for Chase Bank Rate Loans shall change, as of the date of such change, so as to remain one quarter of one percent (.25%) above the Chase Bank Rate. The rate hereunder for Chase Bank Rate Loans shall be calculated based on a 360-day year. CIT shall be entitled to charge the Company's Revolving Loan Account at the rate provided for herein when due until all Obligations have been paid in full. (b) Notwithstanding any provision to the contrary contained in this section 8, in the event that the sum of the outstanding Revolving Loans exceed the lesser of either (x) the maximum aggregate amount available under Sections 3 and 5 of this Financing Agreement or (y) the Revolving Line of Credit: (A) as a result of Revolving Loans advanced by CIT at the request of the Company (herein "Requested Overadvances"), for any one (1) or more days in any month, or (B) for any other reason whatsoever (herein "Other Overadvances") and such Other Overadvances continue for five (5) or more days in any month , the average net balance of all Revolving Loans for such month shall bear interest at the Overadvance Rate. (c) Upon and after the occurrence of an Event of Default and the giving of any required notice by CIT in accordance with the provisions of Section 10, Paragraph 10.2 hereof, all Obligations shall bear interest at the Default Rate of Interest. 8.2 Interest on the Term Loan shall be payable monthly as of the end of each month on the unpaid balance or on payment in full prior to maturity. Chase Bank Rate Loans shall be in an amount equal to the Chase Bank Rate plus one half of one percent (.50%) per annum. In the event of any change in said Chase Bank Rate the rate hereunder for any such Chase Bank Rate Loans shall change, as of the date of such change, so as to remain one half of one percent (.50%) above the Chase Bank Rate. The rate hereunder shall be calculated based on a 360 day year. CIT shall be entitled to charge the Revolving Loan Account at the rate provided for herein when due until all Obligations have been paid in full. Notwithstanding the foregoing, if the Term Loan is not repaid in full by April 1, 2001, the rate of interest set forth in this Section 8.2 shall increase by one-half of

  • Certain Fees and Expenses (a) Provided that the Fund is not in material breach of its obligations under this Agreement, if the Merger is not consummated for failure of the condition to Closing contained in Section 7.1(f) to be satisfied and, as a result of such failure, CNLRP is obligated to pay the Company a break-up fee pursuant to the terms of the CNLRP Merger Agreement, the Company shall pay to the Fund as follows: (i) if the Fund has waived the condition to Closing contained in Section 7.1(f) and elected to proceed with the Merger, the Company shall pay to the Fund an amount equal to $8,000,000, multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration; and (ii) if the Fund has not waived the condition to Closing contained in Section 7.1(f) and the Merger is not consummated, the Company shall pay to the Fund an amount equal to $5,000,000, multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration. (b) If this Agreement shall be terminated by the Fund pursuant to Section 8.1(k), the Fund thereupon shall pay to the Company an amount equal to the lesser of (i) 4.0% of the value of the Merger Consideration; and (ii) $20,000,000 multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration. (c) If this Agreement shall be terminated by the Company pursuant to Section 8.1(l), the Company shall pay to the Fund an amount equal to the lesser of (i) 4.0% of the value of the Merger Consideration; and (ii) $20,000,000 multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration. (d) If this Agreement shall be terminated by the Company pursuant to Section 8.1(n) or by the Fund or the Company on or after June 30, 2005, and as of the date of termination the Transaction Financing Commitment Letter has not been received by the Company, the Company shall pay to the Fund an amount equal to $3,000,000 multiplied by a fraction, the numerator of which shall be the value of the Merger Consideration and the denominator of which shall be the value of the Aggregate Merger Consideration. (e) The payment of the amounts pursuant to this Section 8.4 shall be full compensation for the loss suffered by the Company or the Fund (as applicable) as a result of the failure of the Merger to be consummated (including, without limitation, opportunity costs and out-of-pocket costs and expenses) and to avoid the difficulty of determining damages under the circumstances. Any amount owed by the Company or the Fund pursuant to this Section 8.4 shall be paid by the Company to the Fund or the Fund to the Company (as applicable) in immediately available funds within two (2) business days after the date the event giving rise to the obligation to make such payment occurred. The Company and the Fund each acknowledge that the agreements contained in this Section 8.4 are integral parts of this Agreement; accordingly, if the Fund or the Company (as applicable) fails to promptly pay any amount owed pursuant to this Section 8.4 and, in order to obtain payment, the Fund or the Company (as applicable) commences a suit which results in a judgment against the other for any amounts owed pursuant to this Section 8.4, the losing party shall pay to the prevailing party its costs and expenses (including reasonable attorneys’ fees and expenses) in connection with such suit, together with interest on the amount owed at the prime rate of Bank of America, N.A. Payment of the fees described in this Section 8.4 shall not be in lieu of damages incurred in the event of breach of this Agreement.

  • Documents, fees and no default Each Lender's obligation to contribute to the Advance is subject to the following conditions precedent: (a) that, on or before the service of the Drawdown Notice, the Agent receives: (i) the documents described in Part A of Schedule 3 in form and substance satisfactory to the Agent and its lawyers; and (ii) payment in full of the structuring fee payable pursuant to Clause 20.1(a); (b) that, on the Drawdown Date but prior to the advance of the Loan, the Agent receives; (i) the documents or evidence described in Part B of Schedule 3 in form and substance satisfactory to the Agent and its lawyers; (ii) payment of any commitment fee payable pursuant to Clause 20.1(b); and (iii) payment of any expenses payable pursuant to Clause 20.2 which are due and payable on the Drawdown Date; (c) that both at the date of the Drawdown Notice and at the Drawdown Date: (i) no Event of Default or Potential Event of Default has occurred or would result from the borrowing of the Advance; (ii) the representations and warranties in Clause 10.1 and those of the Borrower or any Security Party which are set out in the other Finance Documents would be true and not misleading if repeated on each of those dates with reference to the circumstances then existing; (iii) none of the circumstances contemplated by Clause 5.7 has occurred and is continuing; and (iv) there has been no Material Adverse Change; and (d) that, if the ratio set out in Clause 15.1 were applied immediately following the making of the Advance, the Borrower would not be obliged to provide additional security or prepay part of the Loan under that Clause; and (e) that the Agent has received, and found to be acceptable to it, any further opinions, consents, agreements and documents in connection with the Finance Documents which the Agent may, with the authorisation of the Majority Lenders, request by written notice to the Borrower prior to the Drawdown Date.

  • CONTRACT LIMIT, FEES AND EXPENSES changing the not-to-exceed amount of the Contract from FOUR HUNDRED TEN THOUSAND ONE HUNDRED SEVENTY-SEVEN DOLLARS AND ZERO CENTS ($410,177.00) to SIX HUNDRED SEVENTY THOUSAND ONE HUNDRED SEVENTY- SEVEN DOLLARS AND ZERO CENTS ($670,177.00), as approved by the Executive Director on October 31, 2022.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • Other Fees and Expenses Borrower shall pay to Agent, for its own account, all charges for returned items and all other bank charges incurred by Agent, as well as Agent's standard wire transfer charges for each wire transfer made under this Agreement.

  • LEGAL FEES; AND MISCELLANEOUS FEES Except as otherwise set forth in the Registered Offering Transaction Documents (including but not limited to Section V of the Registration Rights Agreement), each party shall pay the fees and expenses of its advisers, counsel, the accountants and other experts, if any, and all other expenses incurred by such party incident to the negotiation, preparation, execution, delivery and performance of this Agreement. Any attorneys’ fees and expenses incurred by either the Company or the Investor in connection with the preparation, negotiation, execution and delivery of any amendments to this Agreement or relating to the enforcement of the rights of any party, after the occurrence of any breach of the terms of this Agreement by another party or any default by another party in respect of the transactions contemplated hereunder, shall be paid on demand by the party which breached the Agreement and/or defaulted, as the case may be. The Company shall pay all stamp and other taxes and duties levied in connection with the issuance of any Securities.

  • Legal Fees and Costs In the event a party elects to incur legal expenses to enforce or interpret any provision of this Agreement by judicial proceedings, the prevailing party will be entitled to recover such legal expenses, including, without limitation, reasonable attorneys’ fees, costs, and necessary disbursements at all court levels, in addition to any other relief to which such party shall be entitled.

  • Interest Fees and Charges 1Interest

  • Legal Fees and Expenses The parties shall each bear their own expenses, legal fees and other fees incurred in connection with this Agreement.

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