Proposed Use or Intended Use. The Property being purchased may be used for up to 35,000 square feet of net floor area of office non-retail commercial purposes consistent with applicable zoning requirements and restrictions of record as of the date of this Agreement, having a building height of not more than ___ feet above crown of finished road, and for other lawful uses as the Seller may approve in writing at the time such use is desired to be implemented, which approval shall not be unreasonably withheld, conditioned or
... delayed; provided, however, that (i) such 35,000 square feet of net floor area of office non-retail commercial purposes may be increased to up to 55,000 square feet of net floor area of office non-retail commercial purposes to the extent approved pursuant to the DRI Amendment if and when adopted by applicable governmental authorities; and (ii) to the extent that from and after the Closing, the owner of the Property elects to submit an additional governmental application to applicable governmental authorities to obtain additional square footage in excess of that permitted in the Proposed Use, then to the extent that such governmental authorities allocated additional square footage to the Property without adversely affecting the square footage available to be developed on other property within Tradition, such governmental approvals or approvals do not adversely affect the remaining portions of Tradition, and the owner of the Property is responsible for all development obligations resulting from such additional square footage which is allocated to the Property, then such Proposed Use may be amended to reflect such additional square footage permitted by such governmental authority. Additionally, the parties acknowledge that based on the existing development order, there is a conversion factor of .36 of retail use for each foot of office use and to the extent that the Buyer elects to utilize such conversion matrix, the Proposed Use may include retail use based on such conversion matrix recognizing that the office square footage shall be reduced by 1 square foot for each .36 of a foot of retail use desired to be utilized by the owner of the Property.
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