Retail Component Sample Clauses

Retail Component. Developer shall submit for City approval a business and merchandising plan for all retail spaces, prior to entering into the initial lease or sale of each individual retail space for retail purposes. The retail spaces shall conform to the Conditions of Approval in this Agreement or attached to the Site Development Plan and shall contain no drive through operations or “formula retail uses” unless approved by the Planning Commission through a conditional use permit under Section 10.05.170 of the Millbrae Zoning Ordinance. “Formula Retail Uses”, for purpose of this Development Agreement, is defined as follows: establishments with more than 20 locations in the continental United States and which contain standardized features or a recognizable appearance in which recognition is dependent upon the repetition of the certain characteristics of one store in multiple locations including two or more of the following characteristics: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, a uniform apparel, standardized signage, and/or a trademark or a service xxxx. Formula Retail Uses shall be subject to a conditional use process. As stated in the MSASP, banks, financial services, business support, child care, health and exercise clubs of less than 3,000 square feet, medical office and general office (the “Specific Plan Special Retail Uses”) shall also be approved by a conditional use permit as required by Section 5.2 of the MSASP (Land Use Regulations Table 5-1, Permitted and Conditionally Permitted Land Uses of the MSASP). As to the MSASP Special Retail Uses and the Formula Retail Uses (together, the “Regulated Uses”), in addition to the criteria for approval of conditional use permits stated in Section 10.05.170 of the Millbrae Zoning Ordinance.
Sample 1
AutoNDA by SimpleDocs
Retail Component. Developer is to develop a high quality commercial retail center totaling approximately 35,087 square feet of retail, consisting of retail and commercial space occupied by nationally or regionally recognized retail tenants, including restaurants/eateries and other retail shops consistent with the development standards of the Beach Boulevard Specific Plan and any applicable Conditional Use Permits (CUP/CUPs). The initial identity of Retailers that occupy more than 5,000 square feet of gross leasable area shall be approved by the Director of Community and Economic Development of the City of Anaheim (“Director”), acting in his/her reasonable discretion, consistent with the immediately preceding sentence and the definition of “Retailers” set forth in Section 100 of the DDA. Residential and retail shall be integrated to encourage a mix of uses, outdoor dining and community spaces/outdoor plazas. The retail uses shall be oriented in such a way as to create a pedestrian oriented environment with restaurants/eateries, walkways, shared outdoor dining/seating, decorative lighting, plazas, parking, and community gathering spaces. The Retail Component will exhibit a high degree of design details and decorative elements. Notwithstanding anything to the contrary in this Agreement, Developer shall not be responsible for constructing any improvements on the Project which are the responsibility of the ground or pad tenants under the Leases, subject to the Director’s right to approve the initial identity of Retailers that occupy more than 5,000 square feet of gross leasable area in accordance with the second preceding paragraph and the definition of “Retailers” set forth in Section 100 of the DDA (“Tenant Improvements”). The site design, building architecture, pedestrian amenities and landscape and lighting treatment of the entire 39 Commons project will be comparable to other first rate, commercial retail centers in Southern California.
Sample 1
Retail Component. The term “
Sample 1
Retail Component. Developer shall have commenced vertical construction of the Retail Component pursuant to validly issued building permits.
Sample 1
Retail Component. (a) The Site will contain a component for retail uses, which component will include the Retail Component Building (as defined in the Retail Lease), the Retail Component’s Portion of the Parking Structure, the Stadium Retail Parcels and the Office Retail Parcel (collectively, the “Retail Component”). (b) The details of the Retail Component are set out in Article VI.
Sample 1
Retail Component. Developer shall have commenced vertical construction of the Retail Component pursuant to validly issued building permits. Any waiver by the City of any of the preceding conditions must be expressly made in writing and approved, in writing, by the City Attorney.
Sample 1
Retail Component. The “Retail Component” shall consist of between 25,000 and 35,000 square feet of retail space and shall include the types of restaurants, retail establishments, and associated design features described in the General Development Plan (“Retail Use Requirements”). The Retail Use Requirements will include a detailed list of allowed and disallowed uses, including quality standards for retail and restaurant operators. Unless otherwise approved by the City, which approval will not be unreasonably withheld, delayed or condition, Developer shall cause the Retail Component, which will likely consist of several separate condominium parcels, to be initially transferred (either at once, or in phases) to a single Retail Component Developer (or to affiliated entities controlled by a single Retail Component Developer) to facilitate long term management and operation of the Retail Component, and the Retail Agreement shall require that the Retail Component continue to be subject to a consolidated retail leasing and management plan. The Retail Component Developer shall have at least five (5) years’ experience in the ownership, operation and management of similar-size or larger high-quality retail projects without any record of material violations of Applicable Law, and shall be subject to approval of the City, not to be unreasonably withheld.‌
Sample 1
AutoNDA by SimpleDocs
Retail Component. Developer shall develop and operate the Retail Component to enhance the character and quality of the broader community and to be and remain of a type and nature consistent with the Retail Use Requirements. The Retail Use Requirements will be incorporated into the Conditions of Approval for the General Development Plan and the Specific Development Plan/Use Permit(s) that include the Retail Component, as well as into the CC&Rs. The Retail Use Requirements will also be incorporated into a written agreement between City and Developer (or the Retail Component Developer, as Developer’s successor or assignee with respect to the Retail Component), in a form mutually acceptable to the parties thereto (the “Retail Agreement”), which Retail Agreement shall include provisions with respect to the topics listed in Exhibit Q attached hereto and incorporated herein by this reference. The Retail Agreement shall be recorded prior to or concurrently with initial transfer of the Retail Component or portion thereof to the Retail Component Developer.‌
Sample 1

Related to Retail Component

  • Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

  • Third Party Components The Products and Services may contain third party components (including open source software) subject to separate license agreements. To the limited extent a third party license expressly supersedes this XXXX, such third party license governs Customer’s use of that third party component.

  • Components Patheon will purchase and test all Components (with the exception of Client-Supplied Components) at Patheon’s expense and as required by the Specifications.

  • Consumables During the design phase, Purchaser may participate in the selection of suppliers of consumables of the Supplier. In such case, the choice regarding the final selection of the said suppliers shall be mutually agreed between the Parties. Two suppliers shall be identified and selected for each type of consumables.

  • Diagnostic procedures to aid the Provider in determining required dental treatment.

  • Product Quality (a) Tesoro warrants that all Products delivered under this Agreement or any Purchaser Order shall meet the latest applicable pipeline specifications or otherwise mutually agreed upon specifications for that Product upon receipt at the applicable Terminal and contain no deleterious substances or concentrations of any contaminants that may make it or its components commercially unacceptable in general industry application. Tesoro shall not deliver to any of the Terminals any Products which: (i) would in any way be injurious to any of the Terminals; (ii) would render any of the Terminals unfit for the proper storage of similar Products; (iii) would contaminate or otherwise downgrade the quality of the Products stored in commingled storage; (iv) may not be lawfully stored at the Terminals; or (v) otherwise do not meet applicable Product specifications for such Product that are customary in the location of the Terminal. If, however, there are Products that do not have such applicable specifications, the specifications shall be mutually agreed upon by the Parties. Should Tesoro’s commingled Products not meet or exceed the minimum quality standards set forth in this Agreement or any applicable Terminal Service Order, Tesoro shall be liable for all loss, damage and cost incurred thereby, including damage to Products of third parties commingled with Tesoro’s unfit Products. (b) TLO shall have the right to store compatible Products received for Tesoro’s account with Products belonging to TLO or third parties in TLO’s commingled storage tanks. TLO shall handle Tesoro’s fungible Products in accordance with TLO’s prevailing practices and procedures for handling such Products. The quality of all Products tendered into commingled storage for Tesoro’s account shall be verified either by Tesoro’s refinery analysis or supplier’s certification, such that Products so tendered shall meet TLO’s Product specifications. All costs for such analysis shall be borne solely by Tesoro. TLO shall have the right to sample any Product tendered to the Terminals hereunder. The cost of such sampling shall be borne solely by TLO. All Products returned to Tesoro shall meet or exceed Product specifications in effect on the date the Products are delivered to Tesoro. Notwithstanding any other provision herein, any and all Products that leave the Terminals shall meet all relevant ASTM, EPA, federal and state specifications, and shall not leave the Terminals in the form of a sub-octane grade Product. (c) TLO shall exercise reasonable care to ensure that all Products delivered by third parties into commingled storage with Tesoro’s Products meet applicable Product specifications for such Product that are customary in the location of the Terminal. In the event that Tesoro’s Products are commingled with third-party Products that do not meet or exceed the minimum quality standards set forth in this Agreement or any Terminal Service Order, TLO shall be liable for all loss, damage and cost incurred thereby.

  • OPEN SOURCE COMPONENTS The DS Offerings may include open source components. Whenever notices (such as acknowledgment, copies of licenses or attribution notice) are required by the original licensor, such notices are included in the Documentation of the DS Offerings. Moreover, some open source components may not be distributed and licensed under the terms of the Agreement but under the terms of their original licenses as set forth in the Documentation of the DS Offerings themselves. Source code for open source software components is available upon request. Except for components mentioned in the section EXCLUSIONS below, the warranty and indemnification provided by DS under the Agreement apply to all open source software components and shall be provided by DS and not by the original licensor, but only for the use of the DS Offerings that is in compliance with the terms of the Agreement, and in conjunction with the DS Offerings. The original licensors of said open source software components provide them on an “as is” basis and without any liability whatsoever to Customer.

  • Loop Provisioning Involving Integrated Digital Loop Carriers 2.6.1 Where Xxxx has requested an Unbundled Loop and BellSouth uses IDLC systems to provide the local service to the End User and BellSouth has a suitable alternate facility available, BellSouth will make such alternative facilities available to Xxxx. If a suitable alternative facility is not available, then to the extent it is technically feasible, BellSouth will implement one of the following alternative arrangements for Xxxx (e.g. hairpinning): 1. Roll the circuit(s) from the IDLC to any spare copper that exists to the customer premises. 2. Roll the circuit(s) from the IDLC to an existing DLC that is not integrated. 3. If capacity exists, provide "side-door" porting through the switch. 4. If capacity exists, provide "Digital Access Cross Connect System (DACS)- door" porting (if the IDLC routes through a DACS prior to integration into the switch). 2.6.2 Arrangements 3 and 4 above require the use of a designed circuit. Therefore, non- designed Loops such as the SL1 voice grade and UCL-ND may not be ordered in these cases. 2.6.3 If no alternate facility is available, and upon request from Xxxx, and if agreed to by both Parties, BellSouth may utilize its Special Construction (SC) process to determine the additional costs required to provision facilities. Xxxx will then have the option of paying the one-time SC rates to place the Loop.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!