Common use of Operating Memoranda Clause in Contracts

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the Term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 29(b) or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to this Section 29(a). The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of City. Developer shall pay Processing Fees to cover the City’s actual and reasonable costs of processing any operating memorandum.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the Term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall may effectuate such clarifications through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 29(b) 9.7 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to this Section 29(a)hereof. The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of City. Developer shall pay Processing Fees to cover the City’s actual and reasonable costs of processing any operating memorandum.

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the Term of this Development Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Development Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 29(b) 4.3 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to this Section 29(a)4.2 above. The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of City. Developer shall pay Processing Fees to cover the City’s actual and reasonable costs of processing any operating memorandum.