PSYCHIATRIC AND RELATED USES EXEMPT. Notwithstanding any provision hereof to the contrary, this Agreement shall not be applicable to the XxXxxx Institutional Subdistrict so long as the buildings and improvements within such subdistrict continue to be used exclusively for psychiatric hospital purposes and uses functionally dependent upon and necessary to psychiatric hospital use, except for either (i) up to 75,000 square feet of gross floor area of other uses permitted by zoning (other than medical offices) or (ii) up to 25,000 square feet of gross floor area of medical offices as permitted by zoning. XxXxxx represents that as of the date hereof the entirety of the XxXxxx Institutional Subdistrict is used for psychiatric hospital purposes and uses functionally dependent upon and necessary to psychiatric hospital use, Belmont acknowledging that such representation includes the Arlington School and the existing day care facility (but no expansion thereof) within such definition. XxXxxx agrees to provide Belmont with an annual certification, on a building-by- building basis, of the number of square feet used for other purposes. XxXxxx shall notify Belmont promptly upon any change in use causing the foregoing thresholds to be exceeded. Belmont shall have the right to obtain such further reasonable evidence from XxXxxx as it shall require to confirm the accuracy of such certifications.
