BUILDING ENCROACHMENT VARIANCE Clause Samples

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BUILDING ENCROACHMENT VARIANCE. (a) Seller and Purchaser acknowledge that a small portion of the building located upon the Property encroaches over a ten foot (10') buffer running along the northern boundary line of the Property as designated on Exhibit "D" hereto (the "Encroachment"). From and after the date of this Agreement, Seller shall either (i) file and pursue with reasonable diligence, an application to obtain a variance from the County of Beaufort, South Carolina (and any other governmental entities or agencies with jurisdiction)(collectively, the "County") permitting the Encroachment (the "Variance") or (ii) obtain from such County, a letter or other written approval of the Encroachment on the grounds that the "modulation" rules allow the Encroachment (the "Approval Letter", such Approval Letter or Variance being herein referred to as the "County Approval"). Seller shall be responsible for the payment of any and all fees, costs and expenses not to exceed $ 2500.00 in connection with obtaining the Variance or Approval Letter. Purchaser agrees to reasonably cooperate with Seller, at Seller's cost, in connection with obtaining the Variance (including, without, limitation, executing any application to be submitted requesting the Variance). Prior to filing any application or other documents relating to the approval, Seller shall provide Purchaser with copies thereof for Purchaser's review and approval (not to be unreasonably withheld or delayed). Additionally, not less than two (2) business days prior thereto, Seller shall inform Purchaser of any and all meetings, hearings and formal negotiations with any representatives of the County or the public regarding the Encroachment and/or the Variance. Purchaser shall have the right to have a representative present at and participate in any such meetings, hearing and/or other conversations or negotiations. Without Purchaser's prior approval, Seller shall make no agreements with the County regarding the Encroachment or the Variance which shall be binding upon Purchaser or the Property.
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Related to BUILDING ENCROACHMENT VARIANCE

  • Location of Improvements; No Encroachments All improvements which were considered in determining the Appraised Value of the Mortgaged Property lay wholly within the boundaries and building restriction lines of the Mortgaged Property, and no improvements on adjoining properties encroach upon the Mortgaged Property. No improvement located on or being part of the Mortgaged Property is in violation of any applicable zoning law or regulation;

  • Encroachments If any of the Leased Improvements on any Leased Property shall, at any time, encroach upon any property, street or right-of-way adjacent to such Leased Property, then, promptly upon the request of Lessor or at the behest of any person affected by any such encroachment, Tenant shall, at its expense, subject to its right to contest the existence of any encroachment and, in such case, in the event of any adverse final determination, either (i) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, whether the same shall affect Lessor or Tenant, or (ii) make such changes in the Leased Improvements, and take such other actions, as Tenant, in good faith exercise of its judgment deems reasonably practicable, to remove such encroachment, including, if necessary, the alteration of any of the Leased Improvements, and in any event take all such actions as may be necessary in order to be able to continue the operation of the Leased Improvements for the Primary Intended Use substantially in the manner and to the extent the Leased Improvements were operated prior to the assertion of such encroachment. Any such alteration shall be made in conformity with the applicable requirements of ARTICLE X. Tenant’s obligations under this Section 9.2 shall be in addition to and shall in no way discharge or diminish any obligation of any insurer under any policy of title or other insurance and Tenant shall not be entitled to a credit for any sums recovered by Lessor under any such policy of title or other insurance.

  • Premises Building Project and Common Areas 1.1 Premises, Building, Project and Common Areas.

  • Access to Property, Property’s Management, Property Lender, and Property Tenants Potential Investor agrees to not seek to gain access to any non-public areas of the Property or communicate with Property’s management employees, the holder of any financing encumbering the Property, the Property’s tenants, and the Owner’s partners in the ownership of the Property, without the prior consent of Owner or JLL, which consent may be withheld in the Owner’s sole discretion.

  • Landlord’s Property All Alterations, improvements, fixtures, equipment and/or appurtenances which may be installed or placed in or about the Premises, from time to time, shall be at the sole cost of Tenant and shall be and become the property of Landlord; provided, however, Landlord may, by written notice to Tenant prior to the end of the Lease Term, or given following any earlier termination of this Lease, require Tenant, at Tenant’s expense, to remove any Alterations or improvements and to repair any damage to the Premises and Building caused by such removal and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, at Landlord’s election, to a building standard tenant improved condition as determined by Landlord; provided; however, that notwithstanding the foregoing, upon request by Tenant at the time of Tenant’s request for Landlord’s consent to any Alteration or improvement, Landlord shall notify Tenant whether the applicable Alteration or improvement will be required to be removed pursuant to the terms of this Section 8.5. If Tenant fails to complete such removal and/or to repair any damage caused by the removal of any Alterations or improvements in the Premises and return the affected portion of the Premises to their condition existing prior to the installation of such Alterations or improvements or, if elected by Landlord, to a building standard tenant improved condition as determined by Landlord, prior to the expiration or earlier termination of this Lease, then Rent shall continue to accrue under this Lease in accordance with Article 16, below, after the end of the Lease Term until such work shall be completed, and Landlord shall have the right, but not the obligation, to perform such work and to charge the cost thereof to Tenant. Tenant hereby protects, defends, indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien, including but not limited to, court costs and reasonable attorneys’ fees, in any manner relating to the installation, placement, removal or financing of any such Alterations, improvements, fixtures and/or equipment in, on or about the Premises, which obligations of Tenant shall survive the expiration or earlier termination of this Lease.