Facility Construction, Site Plan and Modifications Clause Samples

Facility Construction, Site Plan and Modifications. Attached as Exhibit C is a site plan generally depicting the Facility which Business may potentially construct on the Property in its sole and absolute discretion. The Facility must comply with all applicable laws, covenants and restrictions. Notwithstanding anything in this Agreement to the contrary, Business may, in its sole and absolute discretion, either before or after initial construction, alter, modify, enlarge, shrink or make any other changes to the site plan and/or the Facility without the need for any consent, authorization or other approval of GOT, provided, however, that the Facility Incentive shall be decreased in the event that any modification or alteration of the site plan and/or design of the Facility by Business causes the Qualifying Facility Costs to be less than the QFC Minimum (defined below), as further detailed in Section 6(b) of this Agreement. Additionally, Business shall provide GOT notice of any material changes to the site plan and/or the design of the Facility to the extent the same have not already been submitted to City staff for review and approval.