Common use of DEVELOPMENT PARAMETERS Clause in Contracts

DEVELOPMENT PARAMETERS. Tenant and its affiliates shall be permitted to submit proposals to Landlord for the development of all or portions of the Adjacent Parcel. The Adjacent Parcel may be developed by Landlord and/or other parties for light industrial, commercial, retail, entertainment and/or recreational uses. Structures of any size or height, such as warehouses, distribution centers, manufacturing facilities, hotels, shopping centers, entertainment, sporting or recreational facilities, parking lots or garages, communications towers, and docking facilities, may be constructed and operated on the Adjacent Parcel. Landlord covenants that no use may be made of the Adjacent Parcel which shall constitute a nuisance or hindrance to the Project, detract materially from the aesthetic appeal of the Project, generate excessive industrial noise or noxious industrial or chemical odors, or materially impair access to the Project. Neither the volume nor type of traffic, including heavy truck traffic, on the Adjacent Parcel, including any resulting noise or omissions, nor any signage or illumination located on the Adjacent Parcel, shall be deemed to constitute a nuisance, impairment or detraction. That portion of the Adjacent Parcel which is within the 50' by 550' zone along the northern perimeter boundary of the Premises identified on Attachment K shall constitute a "Buffer Zone" between any development located on the Adjacent Parcel and the Premises. Only green space or landscaping shall be located within the Buffer Zone. Tenant shall have a non-exclusive, irrevocable license during the Term of this Lease, at Tenant's sole risk, cost and expense, at Tenant's option, but without obligation, to enter upon the Buffer Zone for the sole purpose of performing, maintaining, repairing and replacing landscaping on the Buffer Zone should Tenant so desire. Notwithstanding the foregoing provisions of this Section 17(a), the parties acknowledge and agree that a reconfiguration of the roadway providing access to the Premises and/or the Adjacent Parcel, if and as agreed to by the parties in connection with a resolution of pertinent access issues, may entail access to the Adjacent Parcel (i) via the bridge to be constructed by Tenant or via the roadway to be constructed on the Premises, or (ii) to provide alternate access to the Premises for emergency vehicles.

DEVELOPMENT PARAMETERS. Tenant and its affiliates shall be permitted to submit proposals to Landlord for the development of all or portions of the Adjacent Parcel. The Adjacent Parcel may be developed by Landlord and/or other parties for light industrial, commercial, retail, entertainment and/or recreational uses. Structures of any size or height, such as warehouses, distribution centers, manufacturing facilities, hotels, shopping centers, entertainment, sporting or recreational facilities, parking lots or garages, communications towers, and docking facilities, may be constructed and operated on the Adjacent Parcel. Landlord covenants that no use may be made of the Adjacent Parcel which shall constitute a nuisance or hindrance to the Project, detract materially from the aesthetic appeal of the Project, generate excessive industrial noise or noxious industrial or chemical odors, or materially impair access to the Project. Neither the volume nor type of traffic, including heavy truck traffic, on the Adjacent Parcel, including any resulting noise or omissions, nor any signage or illumination located on the Adjacent Parcel, shall be deemed to constitute a nuisance, impairment or detraction. That portion of the Adjacent Parcel which is within the 50' by 550' zone along the northern perimeter boundary of the Premises identified on Attachment K ATTACHMENT D shall constitute a "Buffer Zone" between any development located on the Adjacent Parcel and the Premises. Only green space or landscaping shall be located within the Buffer Zone. Tenant shall have a non-exclusive, irrevocable license during the Term of this Leaseexclusive license, at Tenant's sole risk, cost and expense, at Tenant's option, but without obligation, to enter upon the Buffer Zone for the sole purpose of performing, maintaining, repairing and replacing landscaping on the Buffer Zone should Tenant so desire. Notwithstanding the foregoing provisions of this Section 17(a), the parties acknowledge and agree that a reconfiguration of the roadway providing access to the Premises and/or the Adjacent Parcel, if and as agreed to by the parties in connection with a resolution of pertinent access issuesAccess Issues, may entail access to the Adjacent Parcel (i) via the bridge to be constructed by Tenant or via the circular roadway to be constructed depicted on the Premises, or (ii) to provide alternate access to the Premises for emergency vehicles.ATTACHMENT D.