Common use of Effectiveness; Term Clause in Contracts

Effectiveness; Term. Nothing in this Agreement shall be construed to require the Owner to construct or complete all or any portion of the HVOD Project. This Agreement shall not become effective until the applicable Town Meeting Articles are approved or deemed approved, substantially in the form submitted for Town Meeting vote, by the Attorney General’s Office of the Commonwealth of Massachusetts in accordance with M.G.L. c. 40, §§ 32, 32A and M.G.L. c. 40A, § 5, the date on which this Agreement becomes effective being referred to as the “Effective Date”. This Agreement is effective as of the Effective Date and the term or duration of this Agreement shall be until all obligations stated in the Community Benefits section of this Agreement except for those set forth in Section 3.5 as they pertain to ongoing maintenance of the Future Park, are delivered in full; unless extended by mutual agreement of the Parties. Upon completion of the Project in accordance with this Agreement, issuance of such final certificate of occupancy and delivery of all Community Benefits obligations in full with the exception of Section 3.5 as noted above, the Town’s Building Commissioner shall issue a certificate of completion confirming the same, which shall be conclusive evidence that the Project has been completed in compliance with this Agreement and applicable provisions of the Town’s Zoning By-Law. Development of the Site is limited to the Project as proposed; any modification or extension of the Project, other than de minimis changes, shall require an amendment to this Agreement.