Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the Project, other than the Improvements (each, a "Permitted Modification") if, and to the extent, that: (a) Modifications are approved via the Planning Commission and/or the City's governing body via the planning and zoning process or as required by Applicable Laws and Requirements; or (b) Modifications shall be allowed to the interior portions of the various buildings that constitute the Improvements. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City (other than as set forth in Section 7.04(a) above.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the Project, other than the Improvements TDD Project (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or the City's governing body Governing Body via the planning and zoning process or as required by Applicable Laws and Requirements; or
(b) Modifications are required to include within the TDD Project new technologies or amenities which may become available during the time that the TDD Project is being developed; or
(c) Modifications shall be allowed to the interior portions of the various buildings that constitute the ImprovementsTDD Project. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City (other than as set forth in Section 7.04(a) aboveCity.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the Project, other than the Improvements Project (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or the City's governing body Governing Body via the planning and zoning process or as required by Applicable Laws and Requirements; or
(b) Modifications are required to include within the Improvements new technologies or amenities which may become available during the time that the Project is being developed; or
(c) Modifications shall be allowed to the interior portions of the various buildings that constitute the Improvements. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City (other than as set forth in Section 7.04(a) aboveCity.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Permitted Modifications. Notwithstanding any provisions of this Second Amended and Restated Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the Project, other than the Improvements Amended Project (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or the City's governing body Governing Body via the planning and zoning process or as required by Applicable Laws and Requirements; or
(b) Modifications are required to include within the Amended Project new technologies or amenities which may become available during the time that the Amended Project is being developed; or
(c) Modifications shall be allowed to the interior portions of the various buildings that constitute the ImprovementsAmended Project. Developer agrees that any such Permitted Modification shall be consistent, consistent and comply, comply with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City (other than as set forth in Section 7.04(a) aboveCity.
Appears in 1 contract
Samples: Development Agreement
Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the Project, other than the Improvements (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or the City's governing body via the planning and zoning process or as to the extent required by Applicable Laws and Requirements; or
(b) Modifications shall be allowed to the interior portions of the various buildings that constitute the Improvements. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City (other than as set forth in Section 7.04(a7.4(a) above).
Appears in 1 contract
Samples: Redevelopment Agreement