Changes in Use. No change in the restrictions on use of the Premises set forth in this Lease shall be permitted without the prior written consent of Landlord, which consent may be granted or withheld in the sole and absolute discretion of Landlord.
Changes in Use. The Client endeavors to notify Nexus, within five (5) business days, of any actual or intended material change, whether before or during the Guarantee Term, in the use of any facility or equipment to which this Schedule applies, or of any other condition arising before or during the Guarantee Term, that Client reasonably expects to change the amount of Project Savings to which this Schedule applies. Such a change or condition would include, but is not limited to: changes in the primary use of any facility; significant changes to the hours of operation of any facility; changes or modifications to the Equipment or Services provided under this Agreement; failure of the premises to meet local building codes; changes in utility suppliers, method of utility billing, or method of utility purchasing; improper maintenance of the Equipment; material changes to the equipment or to any facility required by changes to local building codes; material increases or changes in production or use of the facility, or material additions or deletions of equipment at any facility. Such a change or condition need not be identified in the Base Line in order to permit Nexus to make an adjustment to the Base Line, however, any such adjustment shall remain subject to Client’s reasonable review and approval. If Nexus does not receive the notice within the time period specified above and travels to either the Client’s location or the project site to determine the nature and scope of such changes, Client agrees to pay Nexus, in addition to any other amounts due under this Performance Contract, the applicable standard current hourly consulting rate for the time it took to determine the changes and to make any adjustments and/or corrections to the project as a result of the changes, plus all reasonable out-of pocket expenses, including travel costs. It shall also be the responsibility of the Client to provide and install sub meters on all utilities on all new construction and/or additions as determined reasonably necessary in consultation with Nexus. Upon receipt of such notice, or if Nexus independently learns of any such change or condition, Nexus shall calculate and send to the Client a notice of adjustment to the Base Line to reflect the impact of such change or condition, and the adjustment shall become effective as of the date that the change or condition first arose. Should the Client fail to provide Nexus with notice of any such change or condition, Nexus may make reasonable estima...
Changes in Use. If Mortgagor, Borrower or a related entity or person occupies or leases the Property, Mortgagor shall make no change in the use or occupancy of the Property or otherwise limit the uses which may be made of the Property without Mortgagee’s prior written consent.
Changes in Use. A nonconforming use shall not be changed to a use of higher, or less restrictive classification; such nonconforming use may, however, be changed to another use of the same or lower classification, and when so changed to a use of a lower classification shall not thereafter be changed to a use of a higher classification. Residential uses are the lowest and industrial uses are the highest classification.
Changes in Use. For a period of ten (10) years from and after the date the certificate of occupancy for Commercial Units is issued, the Commercial Unit portion of the Private Project shall be uses solely for commercial uses permitted as outright uses in the City’s C-1-D zone. Any change in use of the Commercial Units during this10-year period shall require the prior written consent of City, which may be granted or not in City’s sole discretion. The Market Rate Residential Units shall be used solely for residential purposes. Subject to the provisions of the immediately preceding subsection and Section 4 hereof, nothing contained herein shall restrict or prevent Xxxxxxxx or its assigns from a change in use to a different commercial use for the applicable portions of the Commercial Units, so long as such use is permitted outright in the City’s C-1-D zone.
Changes in Use. Tenant shall not use, occupy, or alter, or permit the Improvements or the Sublease Premises to be used, occupied, or altered, or do or permit anything to be done in or on the Sublease Premises, in whole or in part, in a manner not expressly provided for in the Approved D&O Plans, or which would in any way violate the terms of this Sublease. Prior to making any such changes in the use or operations previously approved by the Town and described in the Approved D&O Plans, or applying for any permits in connection with such change in use or operations from any Governmental Authority, the Tenant shall submit to the Town its proposed restatement of or modifications to the Operations Plan describing such change in use or operations (and to the extent that any new Improvements or Substantial Alterations are proposed in connection with such change in use or operations, will be accompanied by a proposed new Development Plan for Town approval pursuant to Section 8.3 hereof) and shall secure Town approval thereof as provided in and required by the “Plan Submission and Approval Procedure”, as that term is defined in Section 3.2 of the Development Agreement. Upon written approval by the Town of Tenant’s proposed new Operations Plan, the uses and operations therein described shall thereafter be deemed Permitted Uses, and the defined term “Approved D&O Plans” shall thereafter be deemed to include said new Operations Plan in place of (in the case of a restatement) or in addition to (in the case of modifications) the previously approved Operations Plan.
Changes in Use. This PILOT Agreement shall not apply to the use and occupation of the Property prior to the Commercial Operation Date of the System. In the event that the System owned and operated by System Owner no longer qualifies as a "Renewable Generation Facility" under NH RSA § 72:73, this PILOT Agreement shall no longer apply as of the date of the change in use. In the event the System, or any portion thereof, is used, occupied, leased, sold, assigned, or otherwise transferred to a third party that is not engaged in operating the System as a Renewable Generation Facility, this PILOT Agreement shall no longer apply and the Property and the System erected thereon shall be subject to ad valorem taxation as of the date of the change in use of the System and thereafter. Taxes shall become due to the Town for the remainder of the tax year in which there is a change in use on a proportional basis, based on the number of months then remaining in the tax year.
Changes in Use. Client agrees to notify H&H, within fifteen (15) days, of any actual or intended change in the use of any Facility or equipment or change in conditions that contributes to the projected Total Guaranteed Savings that reasonably could be expected to change the amount of Total Actual Savings. Changes in use or conditions include, among other things, adding a new school session, changes to the hours of occupancy, changes in the operation or primary use of any Facility, changes or modifications (including changes in settings of controls and Operating Parameters from those set forth in this Agreement or the Exhibits) to any equipment provided as part of the Work under this Agreement, material changes to building square footage, building remodeling, the addition or deletion of equipment to the Facility, change in usage of equipment, building code violations, changes in utility suppliers, service tariffs or method of utility purchasing, improper maintenance of the Work (including Client’s failure to materially carry out Client’s responsibilities under Section 10 and Exhibit K of this Agreement). Upon receipt of such notice, H&H shall make an adjustment to the baseline in accordance with Section 9.7. Should Client fail to provide H&H with notice of any such change or condition, H&H may make reasonable estimates as to the impact of such change or condition and as to the date on which such change or condition first arose in calculating the impact of such change or condition and such estimates shall be conclusive.
