02F Clause Samples

02F. For purposes of determining Owner's Priority, Owner ROI and Performance Threshold, Owner's Investment for any Fiscal Year shall be the amount thereof as of December 31 of said Fiscal Year.

02F. For purposes of determining Owner's Priority, Owner ROI and Performance Threshold, Owner's Investment for any Fiscal Year shall be the amount thereof as of December 31 of said Fiscal Year. The initial Owner's Investment of $17,500,000 set forth in clause (i) assumes that the cost to Owner of renovations at the Golf Club that are ongoing as of the date of execution of this Agreement ("Ongoing Renovations") will not exceed Two Million Dollars ($2,000,000) in the aggregate (of which approximately $518,000 has previously been expended). In the event the Ongoing Renovations exceed Two Million Dollars ($2,000,000), the amount of initial Owner's Investment set forth in clause (i) shall be increased by an amount equal to the amount by which the actual cost of the Ongoing Renovations exceeds Two Million Dollars ($2,000,000).

02F. The Company will incorporate into the Flexconnect program, the employee paid Group Assured Access plan. All employees must participate in the Group Assured Access plan. All premium costs will be borne by the employees, however, employees can use any unused excess Flex Credits to offset or pay for the costs of the GAA premiums.

02F. As discussed, the Applicant is proposing lot sizes smaller than the adjacent Estancia Subdivision to the north and east but is not maximizing the allowable density. Specifically, the north property boundary is shared with 6 existing building lots and the Applicant is proposing 7 building lots and one common lot adjacent to these 6 homes. Staff finds this difference in lot number and size to be marginal and therefore cohesive with the existing neighborhood. Furthermore, the Applicant is extending the detached sidewalks and parkways into the development and adding an additional micro-path connection to Amity for better pedestrian circulation in the area. Because of the proximity of the Estancia open space and an assumption future residents would naturally utilize this existing open space area, Staff is hopeful the subject development can be made a part of the existing Estancia homeowners association to spread the maintenance cost of said open space for additional users. In addition, the Applicant is proposing a drainage lot in the northeast corner of this development which has the potential for some green space within this development. Staff recommends a small shade structure and seating area is added to this lot in order to provide some usable open space within the subject 3 acres. connectivity to the underdeveloped county parcel at the northeast corner of Amity and Locust Grove. C. Existing Structures/Site Improvements: According to GIS imagery, there appears to be a couple residential structures multiple out- buildings, and dozens of dilapidated vehicles on the subject site. Any and all structures and debris are proposed to be removed upon development of this project. Furthermore, the existing access for this site is via a driveway connection to E. Amity that will also be closed upon development.

02F. With regard to product changes, if GEMS owns the design and the supplier is building to print/specification, a Product Change Notice (PCN/ECR/ECO) is required to make changes. The supplier will use the SCN process to notify GEMS of these change requests and GEMS will be able to document this request and route it to the proper Engineering Design Owner. If the supplier owns the design, any changes to the design and the manufacturing process are required to be communicated to GEMS as a Supplier Change Notice.

02F. For purposes of determining Owner's Priority, Owner ROI and Performance Threshold, Owner's Investment for any Fiscal Year shall be the amount thereof as of December 31 of said Fiscal Year. The initial Owner's Investment of $85,000,000 set forth in clause (i) assumes that the cost to Owner of renovations at the Resort that are ongoing as of the date of execution of this Agreement ("Ongoing Renovations") will not exceed Twenty One Million Four Hundred Thousand Dollars ($21,400,000). In the event the Ongoing Renovations exceed Twenty One Million Four Hundred Thousand Dollars ($21,400,000), the amount of initial Owner's Investment set forth in clause (i) shall be increased by an amount equal to the amount by which the actual cost of the Ongoing Renovations exceeds Twenty One Million Four Hundred Thousand Dollars ($21,400,000).

02F. Design landscaping using drought resistent and other low- water use plants. 7E Owner DPW; DBI Include in site permit plans See implementation measures identified for Mitigation Measure M.2.

02F