Open Permits Clause Samples
The Open Permits clause establishes the responsibilities and procedures related to obtaining, maintaining, and closing out any governmental permits required for a project or property. Typically, this clause specifies which party is responsible for ensuring that all necessary permits are secured and remain in good standing throughout the duration of the work, and that any outstanding or "open" permits are properly closed upon completion. For example, in a real estate transaction, the seller may be required to resolve any open building permits before closing. The core function of this clause is to prevent legal or regulatory issues arising from unresolved permits, thereby ensuring compliance and a smooth transfer or completion of the project.
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Open Permits. Ally and all open Seller permits appearing in a lien search conducted by ▇▇▇▇▇ and provided to Seller, with the exception of the outstanding construction permits as listed in Exhibit E attached hereto, and any other construction permit entered into after the Effective Date, but before Closing ("Open Permit;") shall be conclusively terminated and closed out and evidence of same shall be delivered to Buyer prior to Closing. If Seller fails to close any Open Permits, Seller shall be in default, and Buyer shall provide Seller with ninety (90) days written notice of default and the opportunity to cure. If Seller is unable to close the Open Permit during the ninety (90) day period, Buyer shall agree to have Seller close the permit post-Closing; provided Seller closing the permit post-Closing is approved by ▇▇▇▇▇'s lender, if any.
Open Permits. The County will compile and transfer to the City a list of ongoing permits within the proposed annexation areas, including but not limited to land use and building permits. Upon the effective date of annexation, the City is responsible for processing and deciding all pending applications through review under applicable County regulations and code. This section shall survive the completion or expiration of this agreement or termination whether termination is by one or all jurisdictions.
Open Permits. Seller shall, at Seller’s sole cost and expense, use good faith efforts to cause all “open” or “expired” or both building and other permits for the Property to be duly and properly “closed out” as required by applicable law, but excluding any permits relating to ongoing work at the Property, which will not be closed out (such open or expired permits relating to work other than ongoing work are referred to herein as “Old Permits”). Buyer shall provide Seller with a list of such Old Permits relating to the Property within fifteen (15) days after the date of this Amendment. Seller shall thereafter keep Buyer apprised of its progress in closing out such Old Permits (including promptly providing Buyer with evidence of proper closure upon receipt of same), and shall notify Buyer in writing, no later than five Business Days prior to Closing, of those Old Permits that Seller (i) has been able to properly “close out” (including evidence of same to the extent not previously provided), and (ii) after exercising good faith efforts, will be unable to properly close out by Closing. If Seller’s notice includes Old Permits that will not be properly closed out by Closing, Buyer may terminate this Agreement whereupon the Deposit shall be fully refunded and returned to Buyer and this Agreement shall be of no further force and effect, except for the obligations which survive Closing.
Open Permits. Seller shall cooperate with Buyer and use commercially reasonable efforts (at no material cost to Seller) to cause the open permits that are on file and that affect the Property (which Seller acknowledges have been disclosed to Seller in writing) to be closed prior to Closing, provided, however, the closing of all or some of such permits shall not be a condition precedent to Closing.
Open Permits. Seller shall have caused the open permits at the BTBU Owned Real Property set forth on Schedule 7.2(d) other than those relating to ongoing construction (as indicated on such Schedule) to be closed and resolved in a manner that is reasonably satisfactory to Buyer.
Open Permits. Seller shall, at Seller’s sole cost and expense, use commercially reasonable efforts to close out any open permits for work performed by Seller or funded by Seller (e.g., tenant improvement allowance) and completed prior to Closing (the “Open Permits”).