Effect of Project Modifications Sample Clauses

Effect of Project Modifications. At each Plot Plan review within the Project or at such other intervals as determined by City, the City shall identify and record the anticipated flows from the proposed use and, to determine available remaining capacity, shall deduct such anticipated flows from the total Reserved Off-Site Flow. Following occupancy, the Parties, or either of them, may calculate actual sewer flows from each Building to conform City records to the as-built sewer flow condition. However, if, at consideration of any Plot Plan, it is determined by the City that the projected maximum flow from the proposed use, together with actual measured flow generated by the Project, exceeds or will exceed the total Reserved Off-Site Flow such impacts shall be mitigated at the sole cost and expense of the Owner. Owner agrees not to challenge such impact mitigation based on any argument that the impact was not caused by the Owner and agrees to mitigate the same. If an established use of a Building after the issuance of the initial Plot Plan approval is changed in a manner that increases the impact to the sewer system and the projected maximum flow from the proposed use, together with actual measured flow generated by the Project, exceeds or will exceed the total Reserved Off-Site Flow, the City reserves the right to require such Owner to mitigate such increase from the inception of such use in connection with any future approval of a Plot Plan, building permit or certificate of occupancy. City may enforce Owner’s obligation by requiring Owner to pay for such mitigation impacts and they shall be due upon demand. City may also require the Owner to build such improvements or alter its use of the Project accordingly to resolve such sewer capacity issues. All sewer discharges from the Project shall comply with the applicable provisions of law, regulations, policies, and orders including, but not limited to, those contained in the Beaumont Municipal Code.
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Related to Effect of Project Modifications

  • Waivers and Modifications Any modification or waiver of the insurance requirements herein shall be made only with the written approval of the District’s Risk Manager.

  • Amendments; Waivers; Modifications This Security Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 9.1 of the Credit Agreement.

  • Mortgage Status; Waivers and Modifications Since origination and except by written instruments set forth in the related Mortgage File or as otherwise provided in the related Mortgage Loan documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty and related Mortgage Loan documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect which materially interferes with the security intended to be provided by such mortgage; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the Mortgagor nor the guarantor has been released from its material obligations under the Mortgage Loan. With respect to each Mortgage Loan, except as contained in a written document included in the Mortgage File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Mortgage Loan consented to by the Mortgage Loan Seller on or after the Cut-off Date.

  • Effect of Supplemental Agreements Upon the execution of any supplemental agreement under this Article, this Agreement shall be modified in accordance therewith, and such supplemental agreement shall form a part of this Agreement for all purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered hereunder, shall be bound thereby.

  • Amendment and Modifications This Agreement may not be amended, modified or supplemented except by an instrument or instruments in writing signed by the party against whom enforcement of any such amendment, modification or supplement is sought.