Common use of Flexibility Necessary Clause in Contracts

Flexibility Necessary. The provisions of this Agreement require a close degree of cooperation between the City and the Developer. Implementation of the Project may require minor modifications of the details of the Development Plan and affect the performance of the Parties under this Agreement. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Development Plan are appropriate with respect to the details of performance of the City and the Developer. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. Therefore, non-substantive and procedural modifications of the Development Plan pursuant to this Section 10.4 shall not require modification of this Agreement and may be approved by the City Manager. However, the City Manager shall have the discretion to submit any minor modifications to the City Council for approval.

Flexibility Necessary. The provisions of this Agreement require a close degree of cooperation between the City and the Developer. Implementation of the Project may require minor modifications of the details of the Development Plan and affect the performance of the Parties under this Agreement. The anticipated refinements to the Project and the Development of the Developer’s Property may demonstrate that clarifications to this Agreement and the Development Plan Existing Land Use Regulations are appropriate with respect to the details of performance of the City and the Developer. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. Therefore, non-substantive and procedural modifications of the Development Plan pursuant to this Section 10.4 shall not require modification of this Agreement and may be approved by the City Manager. However, the City Manager shall have the discretion to submit any minor modifications to the City Council for approvalAgreement.”