Method of Determining AVR Clause Samples

Method of Determining AVR. The AVR shall be based upon employee surveys undertaken for one consecutive week each calendar year. For purposes of calculating AVR, the survey must be conducted in accordance with SMMC Chapter 9.16, or any successor thereto, in effect at the time the survey is conducted except that zero emission vehicles shall be counted as vehicles. The survey must be taken over five consecutive days during which the majority of employees are scheduled to arrive at or leave the worksite. The days chosen cannot contain a holiday as specified in Section 1.40 of this Agreement and cannot occur during ‘Rideshare Week’ or other ‘event’ weeks (i.e. Bicycle Week, Walk to Work Week, Transit Week etc.). This survey must have a minimum response rate of seventy-five percent of employees who report to or leave work between six a.m. and ten a.m., inclusive, and seventy-five percent of employees who report to or leave work between three p.m. and seven p.m., inclusive. A ninety percent or better survey response rate for the a.m. or p.m. window allows the Developer to count the ‘no-survey responses’ as ‘other’ when calculating the AVR. If the AVR Report shows that the Creative Office AVR Requirement has not been achieved for such Building, then the Developer owning such Building shall submit modifications to the TDM Plan that are likely to achieve the Creative Office AVR Requirement by the date of the next annual evaluation of such Building to the Planning Director for approval within 60 days of the submission of the AVR Report, with such approval not to be unreasonably withheld, conditioned or delayed. In addition, during this 60-day period, the Planning Director may recommend modifications to the TDM Plan applicable to such Building. Any of the modifications to the TDM Plan proposed by ▇▇▇▇▇▇▇▇▇ and approved by the Planning Director (or proposed by the Planning Director and agreed to by the Developer) to help the Project achieve the Creative Office AVR Requirement shall be implemented within 30 days upon approval of the TDM Plan modifications.