Common use of Master Site Plan Approval Clause in Contracts

Master Site Plan Approval. As a condition precedent to Xxxxx's obligation to buy the Property, the Master Site Plan Approval shall have occurred. As used in this Agreement, "Master Site Plan Approval" shall be deemed to occur when (a) Buyer's Master Site Plan has been approved (or, if applicable, re-approved) by Seller in accordance with any applicable laws and required procedures, (b) all time periods for judicial challenges (including, but not limited to, any period for challenge under CEQA) to the Master Site Plan Approval (and, if applicable, the Master Site Plan Re-Approval (as defined below) have passed without any judicial challenge having been filed, or if filed, the same has been resolved by (i) plaintiff's/petitioner's dismissal of such litigation with prejudice, or (ii) a final non-appealable judgment that is not subject to further judicial review upholding the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval) without modification of the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval). The Master Site Plan as approved pursuant to Master Site Plan Approval is referred to in this Agreement as the "Approved Master Site Plan." In the event that the Master Site Plan Approval (or any Master Site Plan Re-Approval) is set aside by a final non­ appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non­ appealable judgment, and within six (6) months of such final judgment, Buyer shall resubmit the Master Site Plan to enable Seller to process Buyer's Master Site Plan in accordance with all applicable laws and required procedures (and, if approved, the "Master Site Plan Re­ Approval"). In the event that the error(s) identified in the final non-appealable judgment cannot be corrected by either Buyer or Seller because Seller lacks the legal authority to do so, an automatic failure of the condition in this Section shall be deemed to have occurred, in which case Buyer and Seller shall have the right to terminate this Agreement by written notice delivered to the other party and to Escrow Holder, and thereupon the Escrow Deposit shall be returned to Buyer by Escrow Holder, and to the extent previously released to Seller, by Seller, and the parties shall have no further obligations under this Agreement (except for those provisions that expressly survive any termination of this Agreement, including this provision).

Master Site Plan Approval. As a condition precedent to Xxxxx's Buyer’s obligation to buy the Property, the Master Site Plan Approval shall have occurred. As used in this Agreement, "“Master Site Plan Approval" ” shall be deemed to occur when (a) Buyer's ’s Master Site Plan has been approved (or, if applicable, re-approved) by Seller in accordance with any applicable laws and required procedures, (b) all time periods for judicial challenges (including, but not limited to, any period for challenge under CEQA) to the Master Site Plan Approval (and, if applicable, the Master Site Plan Re-Approval (as defined below) have passed without any judicial challenge having been filed, or if filed, the same has been resolved by (i) plaintiff'splaintiff’s/petitioner's ’s dismissal of such litigation with prejudice, or (ii) a final non-appealable judgment that is not subject to further judicial review upholding the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval) without modification of the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval). The Master Site Plan as approved pursuant to Master Site Plan Approval is referred to in this Agreement as the "“Approved Master Site Plan." ” In the event that the Master Site Plan Approval (or any Master Site Plan Re-Approval) is set aside by a final non­ non- appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non­ non- appealable judgment, and within six (6) months of such final judgment, Buyer shall resubmit the Master Site Plan to enable Seller to process Buyer's ’s Master Site Plan in accordance with all applicable laws and required procedures (and, if approved, the "“Master Site Plan Re­ Re- Approval"”). In the event that the error(s) identified in the final non-appealable judgment cannot be corrected by either Buyer or Seller because Seller lacks the legal authority to do so, an automatic failure of the condition in this Section shall be deemed to have occurred, in which case Buyer and Seller shall have the right to terminate this Agreement by written notice delivered to the other party and to Escrow Holder, and thereupon the Escrow Deposit shall be returned to Buyer by Escrow Holder, and to the extent previously released to Seller, by Seller, and the parties shall have no further obligations under this Agreement (except for those provisions that expressly survive any termination of this Agreement, including this provision).

Master Site Plan Approval. As a condition precedent to Xxxxx's ’s obligation to buy the Property, the Master Site Plan Approval shall have occurred. As used in this Agreement, "“Master Site Plan Approval" ” shall be deemed to occur when (a) Buyer's ’s Master Site Plan has been approved (or, if applicable, re-approved) by Seller in accordance with any applicable laws and required procedures, (b) all time periods for judicial challenges (including, but not limited to, any period for challenge under CEQA) to the Master Site Plan Approval (and, if applicable, the Master Site Plan Re-Approval (as defined below) have passed without any judicial challenge having been filed, or if filed, the same has been resolved by (i) plaintiff'splaintiff’s/petitioner's ’s dismissal of such litigation with prejudice, or (ii) a final non-appealable judgment that is not subject to further judicial review upholding the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval) without modification of the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval). The Master Site Plan as approved pursuant to Master Site Plan Approval is referred to in this Agreement as the "“Approved Master Site Plan." ” In the event that the Master Site Plan Approval (or any Master Site Plan Re-Approval) is set aside by a final non­ non- appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non­ non- appealable judgment, and within six (6) months of such final judgment, Buyer shall resubmit the Master Site Plan to enable Seller to process Buyer's ’s Master Site Plan in accordance with all applicable laws and required procedures (and, if approved, the "“Master Site Plan Re­ Re- Approval"”). In the event that the error(s) identified in the final non-appealable judgment cannot be corrected by either Buyer or Seller because Seller lacks the legal authority to do so, an automatic failure of the condition in this Section shall be deemed to have occurred, in which case Buyer and Seller shall have the right to terminate this Agreement by written notice delivered to the other party and to Escrow Holder, and thereupon the Escrow Deposit shall be returned to Buyer by Escrow Holder, and to the extent previously released to Seller, by Seller, and the parties shall have no further obligations under this Agreement (except for those provisions that expressly survive any termination of this Agreement, including this provision).

Master Site Plan Approval. As a condition precedent to XxxxxBuyer's obligation to buy the Property, the Master Site Plan Approval shall have occurred. As used in this Agreement, "Master Site Plan Approval" shall be deemed to occur when (a) Buyer's Master Site Plan has been approved (or, if applicable, re-approved) by Seller in accordance with any applicable laws and required procedures, (b) all time periods for judicial challenges (including, but not limited to, any period for challenge under CEQA) to the Master Site Plan Approval (and, if applicable, the Master Site Plan Re-Approval (as defined below) have passed without any judicial challenge having been filed, or if filed, the same has been resolved by (i) plaintiff's/petitioner's dismissal of such litigation with prejudice, or (ii) a final non-appealable judgment that is not subject to further judicial review upholding the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval) without modification of the Master Site Plan Approval (or, if applicable, the Master Site Plan Re-Approval). The Master Site Plan as approved pursuant to Master Site Plan Approval is referred to in this Agreement as the "Approved Master Site Plan." In the event that the Master Site Plan Approval (or any Master Site Plan Re-Approval) is set aside by a final non­ appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non­ appealable judgment, and within six (6) months of such final judgment, Buyer shall resubmit the Master Site Plan to enable Seller to process Buyer's Master Site Plan in accordance with all applicable laws and required procedures (and, if approved, the "Master Site Plan Re­ Approval"). In the event that the error(s) identified in the final non-appealable judgment cannot be corrected by either Buyer or Seller because Seller lacks the legal authority to do so, an automatic failure of the condition in this Section shall be deemed to have occurred, in which case Buyer and Seller shall have the right to terminate this Agreement by written notice delivered to the other party and to Escrow Holder, and thereupon the Escrow Deposit shall be returned to Buyer by Escrow Holder, and to the extent previously released to Seller, by Seller, and the parties shall have no further obligations under this Agreement (except for those provisions that expressly survive any termination of this Agreement, including this provision).