Common use of Material Alteration Clause in Contracts

Material Alteration. The Developer shall not, for the duration of the Restriction Period, materially alter the Buildings, which shall include the modification, demolition, subtraction therefrom, reconstruction, and additions to the Buildings or extensions thereof, or change to the materials, design, dimensions or color thereof, if such reconstruction, demolition, subtraction, alteration, addition, extension or change will materially affect in any way the external appearance of the Buildings, or make other changes to the design of the Buildings so as to deviate substantially from the Approved Plans, unless the Developer first submits to the Planning Board a revised concept plan showing the proposed alterations at least forty-five (45) days prior to making such change and the Planning Board approves of such change. If the Planning Board does not approve the proposed material alteration to the Buildings, the Developer shall not make such proposed material alteration. In the event the Developer shall fail to comply with the foregoing requirement, the Town may within thirty (30) days of its discovery thereof, direct in writing that the Developer so modify, reconstruct or remove such portion or portions of the Buildings as were altered, modified, reconstructed, demolished or subtracted from or added to or extended or changed without the prior written approval of the Town, and the Developer shall promptly comply with such a directive at its sole cost and expense. Nothing herein contained shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior feature of the Buildings which does not involve a change in design or material of such exterior feature of the Buildings or otherwise substantially change the outward appearance of the facade of the Buildings, nor to prevent landscaping the Land [and the Private Property – if applicable] with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition or to comply with any Law. This restriction shall be set forth in the Deed.

Material Alteration. ‌ The Developer shall not, for the duration of the Restriction Period, materially alter the Buildings, which shall include the modification, demolition, subtraction therefrom, reconstruction, and additions to the Buildings or extensions thereof, or change to the materials, design, dimensions or color thereof, if such reconstruction, demolition, subtraction, alteration, addition, extension or change will materially affect in any way the external appearance of the Buildings, or make other changes to the design of the Buildings so as to deviate substantially from the Approved Plans, unless the Developer first submits to the Planning Board a revised concept plan showing the proposed alterations at least forty-five (45) days prior to making such change and the Planning Board approves of such change. If the Planning Board does not approve the proposed material alteration to the Buildings, the Developer shall not make such proposed material alteration. In the event the Developer shall fail to comply with the foregoing requirement, the Town may within thirty (30) days of its discovery thereof, direct in writing that the Developer so modify, reconstruct or remove such portion or portions of the Buildings as were altered, modified, reconstructed, demolished or subtracted from or added to or extended or changed without the prior written approval of the Town, and the Developer shall promptly comply with such a directive at its sole cost and expense. Nothing herein contained shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior feature of the Buildings which does not involve a change in design or material of such exterior feature of the Buildings or otherwise substantially change the outward appearance of the facade of the Buildings, nor to prevent landscaping the Land [and the Private Property – if applicable] with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition or to comply with any Law. This restriction shall be set forth in the Deed.