Building Permit Contingency. At any time before a building permit is issued for the Project, Brookhaven shall have the right to stop moving forward with the Project, and the PILOT payments shall, in such event, continue pursuant to the existing PILOT agreement. SIGNED: Date: Board of Selectmen Town of Lexington 0000 Xxxxxxxxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Date: Xxxxx X. Xxxxxxxxx President/Chief Executive Officer Symmes Lifecare, Inc.
Building Permit Contingency. Promptly upon execution of this Lease, Landlord covenants and agrees to commence and diligently prosecute the subdivision of the Property in the configuration shown generally on Exhibit "A-l" attached hereto and the application for building permit(s) for construction of the Building pursuant to Landlord's site plan(s) and construction plan(s) therefore to be submitted by Landlord to applicable governmental authority for approval (the "Building Permit"). If despite Landlord's diligent efforts, Landlord is unable to obtain the Building Permit by September 1, 1996 (the "Building Permit Deadline Date") then Landlord or Tenant, each in their sole and absolute discretion, may terminate this Lease by written notice to the other given within ten (10) days of the Building Permit Deadline Date whereupon the rights and obligations of the parties hereunder shall cease and terminate without need for the execution of any further or other instrument and Landlord shall promptly return to Tenant the Advance Rent (hereafter defined); provided, however, if Landlord shall so request, Tenant shall execute an instrument, in recordable form, whereby Tenant releases and surrenders all right, title and interest which it may have in and to the Premises under this Lease or otherwise. If possession of the Building Permit is not obtained by Landlord by the Building Permit Deadline Date due to delay(s) caused by Tenant, then the Building Permit Deadline Date shall be extended on a day-for-day basis corresponding to the days of delay caused by Tenant. Tenant's option to terminate this Lease shall be void and inoperable if at the time of exercising such option, Tenant shall be in default under the terms of this Lease beyond the expiration of any applicable cure period.
Building Permit Contingency. (a) Landlord shall obtain a Building Permit (hereinafter defined) on or before July 24, 2000 (the “Building Permit Deadline”), as to which time is of the essence. The Building Permit Deadline is not subject to extension due to Force Majeure pursuant to Paragraph 31.1 of the Lease or for any other reason, including without limitation, the need for any further or other permits or approvals such as, without limitation, permits or approvals from the New Jersey Department of Environmental Protection (“NJDEP”). As used herein, “
