Traffic Mitigation. As a condition to approval of the Initial Development, the City and/or other governmental agencies or quasi-governmental agencies will require the implementation of a transportation demand management plan and/or one or more similar programs to reduce the traffic generated by the Project and to facilitate the use of public transportation (any such program, a "TDM"). A TDM may apply to (and measure required alternative transportation use based on) the Project as a whole, or be based on each building included in the Project, or be based on the Premises occupied by each or certain tenant(s) in the Project. Tenant hereby agrees to designate one of its employees to act as a liaison with Landlord or with the City or other entity enforcing the TDM, as appropriate, to facilitate and coordinate any TDM. Tenant shall comply with the requirements of any TDM that applies in whole or in part to the Premises, at Tenant's cost with respect to both compliance costs and any penalties resulting from Tenant's failure to comply with program requirements. If any TDM applies to the Project as a whole, or to a portion of the Project that includes more than the Premises, (i) Tenant shall pay as Expenses the Tenant's Share of the Building Share of any compliance costs with respect to such TDM, and (ii) Tenant shall pay Landlord on demand, as an Additional Charge, any penalties that are imposed under any such TDM to the extent such penalties result from Tenant's failure to comply with the requirements of such TDM, including, without limitation, by failure to timely comply with any reporting requirements or by failure of Tenant to meet any thresholds or other standards imposed by such TDM with respect to traffic, public transportation or other similar matters included in such TDM. If any TDM is imposed that applies only to Tenant or only to the Premises, Tenant shall be solely responsible for compliance with such TDM, including, without limitation, by satisfying any survey or reporting requirements thereunder directly to the entity enforcing such TDM, and by paying any penalties or costs imposed thereunder directly to the entity enforcing such TDM, and Tenant shall indemnify, defend and hold
Traffic Mitigation. The Company shall comply with any Town bylaw, regulation, policy, or local approval with respect to providing sufficient mitigation of traffic impacts associated with the Facility. At any time during the Term, the Company shall upon request submit a traffic mitigation plan for review and approval by the Board of Selectmen. Failure by the Company to mitigate traffic impacts associated with the Facility to the satisfaction of the Board of Selectmen shall be a default of this Agreement and grounds for the Town to pursue the remedies specified in Section 6 of this Agreement, to pursue other remedies available under this agreement or at law, or to seek termination of this Agreement.
Traffic Mitigation. The parties acknowledge that, in addition to Nexus, other tenants of leasehold interests in the District Property and their respective occupants, permittees, successors and assigns are served and provided access by the Perimeter Road Easement and the New Intersection. The parties also acknowledge that certain measures’ may need to be taken in this future in order to mitigate traffic on the New Intersection. In the event that the District reasonably determines that the New Intersection must be modified or that other measures must be taken in order to mitigate traffic on the New Intersection then the parties agree that each party shall contribute towards implementing such modifications or measures in an amount representing its equitable portion of the cost of such modifications or measures.
Traffic Mitigation. The City shall implement a traffic mitigation program (including traffic signal adjustments) to control traffic in and out of the Stadium and the Parking Facilities.
Traffic Mitigation. Owner has provided the Town with the Traffic Impact and Access Study prepared by TEC, Inc. dated May 5, 2021 (the “Traffic Study”), and the Town has arranged for the Traffic Study to be peer reviewed on its behalf. The Traffic Study evaluates the combined traffic impacts of the 40R Project and the Enterprise Project. The Traffic Study recommends a comprehensive program of traffic mitigation, as set forth in the EZ MOA. Provided that Town Meeting approves expansion of the Enterprise Zoning District and the “NL-SGOD” Bylaw set forth in Exhibit B the Owner hereby agrees to implement all recommended traffic mitigation in accordance with the Traffic Mitigation Matrix a copy of which is attached hereto as Exhibit H and to all of the transportation conditions included in Section 3 of the EZ MOA which are incorporated herein by reference and which shall be fully binding on Owner.
Traffic Mitigation. Developer shall pay a traffic mitigation fee to the County in the amount of per market-rate unit, which traffic mitigation fee may be used by the County to address existing roadway deficiencies. No mitigation fee shall be required for Workforce Units. In the alternative, Developer may propose construction of roadway improvements as approved by the County in a roadway impact mitigation agreement to be reviewed and approved by the Valley County Board of County Commissioners. Any such agreement (traffic mitigation fee or construction) shall be a requirement of recording of the first final plat of the project.
Traffic Mitigation. The City and Owner agree that the Dedicated ROW and the South Street Monetary Obligation (collectively, “Traffic Mitigation”) shall satisfy all rough proportionality requirements under City Code for Owner’s traffic mitigation or new transportation improvements that are required to accommodate the additional traffic demands created by the Project as proposed herein and in the TIA under full buildout. No additional payments or traffic improvements will be required of Owner by the City as long as there is no increase in intensity or density of the proposed Project and the Project is constructed in accordance with an approved site plan that aligns with this Agreement and the TIA.
Traffic Mitigation. NEWS and the Town will agree upon a dedicated traffic route to the site from Route 2. In addition, NEWS shall cooperate with the Town in implementing additional traffic mitigation measures.
Traffic Mitigation. Off-site street improvements and ------------------ traffic mitigation measures required by City, other than those indicated on the attached Exhibit "F".
Traffic Mitigation. Landlord hereby agrees to contact the applicable governmental authorities and request and use commercially reasonable efforts to work with the applicable governmental authorities to endeavor to modify the traffic lights outside of the Project on Oyster Point Boulevard in an effort to improve the flow of traffic at the entrance and exit to the Project so cars on Oyster Point do not block the entrance/exit to the Building parking garage. Tenant hereby acknowledges that Landlord makes no representation or warranty with respect to any change or modification in the traffic lights serving the Project, and any failure of the applicable governmental authority to make any such changes or modifications shall impact the validity of this Lease. [signatures contained on following page] 0000-0000-0000.7371310.00016/10-2-23/gjn/gjn -48- [Britannia Oyster Point][Pliant Therapeutics]
