Alternate Use Clause Samples
The Alternate Use clause defines the conditions under which a party may use a product, service, or asset for purposes other than those originally specified in the agreement. Typically, this clause outlines any restrictions, permissions, or required approvals for such alternative uses, and may specify whether additional fees or obligations apply. By clearly delineating what constitutes acceptable alternate uses, the clause helps prevent disputes over unauthorized activities and ensures both parties understand the boundaries of permitted use, thereby reducing the risk of misuse or contractual ambiguity.
Alternate Use. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.
Alternate Use. If prior to the Real Commencement Date Tenant and Landlord have agreed upon a mutually acceptable alternative use for the Premises, and upon the terms of Tenant's occupancy thereof Landlord and Tenant shall execute and deliver a further Amendment to the Ground Lease on or before such date setting forth the terms upon which the Ground Lease shall continue, which terms shall include (i) a release by Tenant from and after the Rent Commencement Date of the Parking Easement under Section 1.3 of the Ground Lease; (ii) all other easement rights, including with respect to the "overhead crosswalk" and (iii) the right to permit the removal by Landlord of any portion of the Premises that would extend off of the Site described in Exhibit A.
Alternate Use. Supplier shall have the right to make use of any unused capacity in the Manufacturing Facility to develop improved or alternate processing, prototype new potential products (the “Alternate Use”). Supplier shall also have the option of utilizing unused capacity, or install additional capacity at its own cost, for producing products or services, other than the Products or Services, for customers other than the Customers. However, the production orders of Products and Services will not delay or interrupt the production of Products and Services without the approval of UNIPIXEL. Alternate Use that results in production orders for new products will be reviewed in advance of any manufacturing at the MJOR and the profits from Alternative use are to be shared by the Parties as described in Sections 7.4 and 7.9. Technologies to be developed within the Manufacturing Facility shall be (i) reviewed between the Parties and any introduction of new materials (including substrates, substrate coatings, inks, or plating solutions) shall be approved by both Parties in advance and (ii) shall require the submission of a new SOW as defined under the Development Agreement and will result in ownership and license rights as defined in the Development Agreement. Any technology developed within the Manufacturing Facility that is not preceded by the submission of a new SOW will be governed as Joint Overlapping Project Rights per the Development Agreement.
Alternate Use. If any part of the Tenant Allowance is not used to pay Costs (as defined above) then Tenant may apply such unused Tenant Allowance (up to a maximum of $2.00 per RSF) towards the purchase of Tenant FF&E. Notwithstanding any other provision hereof, no part of the Tenant Allowance will be disbursed at any time that an Event of Default exists.