Common use of Permit Contingency Clause in Contracts

Permit Contingency. Landlord will make a reasonable effort to work with, and assist, Tenant to obtain any and all approvals necessary for the use of the Premises for the Permitted Use and for development and construction of the Tenant Improvements at the Premises from all relevant public and quasi-public agencies, commissions, and departments, including the Board of Zoning Appeals, City Planning and Zoning Commission, and the State Traffic Commission, provided, however, it is agreed and understood that the Landlord does not have control over the independent municipal boards or commissions referred to under this Section 2.5 and has no control over any State or Federal agencies. Within one hundred eighty (180) days after the Effective Date of Lease, Tenant shall, at Tenant’s expense, submit to Landlord fully detailed working drawings covering all aspects of Tenant’s Work, as further described in Exhibit “C”, along with applications for all required building permits, approvals, licenses and consents for Tenant’s Work and for the Permitted Use in the Premises (collectively, the “Permits”). Within ninety (90) days after receipt thereof, Landlord shall notify Tenant in writing either that the drawings and applications are: “Approved as Submitted”; “Approved Subject to Comments”; or “Disapproved,” with requirements for changes and/or submittal of supplementary information. In the event Landlord fails to so timely review and comment on or approve Tenant’s plans, the Permit Deadline shall be extended by the number of full days after the expiration of such ninety (90) day period until Landlord so responds. Tenant shall apply for, assume all costs of and prosecute, with reasonable diligence, all necessary approvals, permits and licenses required for the renovation and rehabilitation, use and occupancy of the Tenant Improvements, all in accordance with the plans and specifications approved by Landlord pursuant to Section 1.1. ▇▇▇▇▇▇▇▇ agrees to cooperate with and publicly support ▇▇▇▇▇▇’s efforts to obtain such permits and licenses that are in accordance with the plans and specifications approved by Landlord pursuant to Section 1.1. If despite Tenant’s reasonable, diligent efforts, ▇▇▇▇▇▇ is unable to obtain the Permits on or before the expiration of one hundred eighty (180) days following the date of Tenant’s initial submission of an application for the Permits to the City (the “Permit Deadline”), then Tenant, within ten (10) business days after the Permit Deadline, may either give written notice to Landlord (i) terminating this Lease, or (ii) extending the Permit Deadline for a period of up to sixty (60) days. If Tenant terminates this Lease, subject to the terms of this Section 2.5, Landlord shall promptly refund any prepaid Rent to Tenant, and each party hereto shall be released and relieved from all further liability hereunder except for ▇▇▇▇▇▇’s and ▇▇▇▇▇▇▇▇’s respective indemnity obligations pursuant to Sections 7.5 and 7.6.‌

Permit Contingency. Tenant shall have until the expiration of the Inspection Period (the "Permit Date") to obtain Tenant's building permit for the construction of Tenant's Improvements on the Site in accordance with Tenant's Plans (as hereinafter defined) which have been approved by Landlord will make a reasonable effort in accordance with the provisions of Section 6.04 hereof. Tenant agrees to work withsubmit its application for such building permit, together with such plans and other materials required to be filed in connection with such application, promptly following the approval of such ▇▇▇▇▇▇'s Plans, and assist▇▇▇▇▇▇ agrees to diligently prosecute efforts to obtain such building permit. If Tenant shall timely submit Tenant's Plans and shall timely file its application for such building permit and shall fail to obtain such permit by the Permit Date, despite diligent efforts by Tenant to obtain same, Tenant shall be entitled to terminate this Lease upon notice in writing to Landlord at any and all approvals necessary for the use of the Premises for the Permitted Use and for development and construction of the Tenant Improvements at the Premises from all relevant public and quasi-public agencies, commissions, and departments, including the Board of Zoning Appeals, City Planning and Zoning Commission, and the State Traffic Commission, provided, however, it is agreed and understood that the Landlord does not have control over the independent municipal boards or commissions referred to under this Section 2.5 and has no control over any State or Federal agencies. Within one hundred eighty time within five (1805) days after the Effective Date Permit Date. If ▇▇▇▇▇▇ does not notify Landlord in writing of Leaseits election to terminate this Lease as provided herein prior to the expiration of such five (5) day period, then this Lease shall remain in full force and effect, and Tenant shall have no further right to terminate this Lease under this Section 6.03. Likewise, if Tenant shall commence construction of any Improvements on the Site prior to the Permit Date, Tenant shall, at shall be deemed to have waived Tenant’s expense, submit 's right to Landlord fully detailed working drawings covering all aspects terminate this Lease under this Section 6.03. Upon receipt of Tenant’s Work, as further described in Exhibit “C”, along with applications for all required building permits, approvals, licenses and consents for Tenant’s Work and for the Permitted Use in the Premises (collectively, the “Permits”). Within ninety (90) days after receipt thereof's notice of its election to terminate this Lease under this Section 6.03, Landlord shall have the right, but not the obligation, to notify Tenant in writing either that the drawings and applications are: “Approved as Submitted”; “Approved Subject to Comments”; or “Disapproved,” with requirements for changes and/or submittal of supplementary information. In the event Landlord fails to so timely review and comment on or approve Tenant’s plans, the Permit Deadline shall be extended by the number of full within five (5) days after ▇▇▇▇▇▇▇▇'s receipt of Tenant's notice terminating the expiration Lease of such ninety (90) day period until Landlord so responds. Tenant shall apply for, assume all costs of its election to obtain ▇▇▇▇▇▇'s building permit on ▇▇▇▇▇▇'s behalf and prosecute, with reasonable diligence, all necessary approvals, permits at Tenant's sole cost and licenses required expense for the renovation and rehabilitation, use and occupancy construction of ▇▇▇▇▇▇'s Improvements on the Tenant Improvements, all Site in accordance with the plans and specifications approved by Tenant's Plans. If Landlord pursuant to Section 1.1. makes such election, ▇▇▇▇▇▇▇▇ agrees shall have the right to cooperate with and publicly support revise Tenant's Plans in order to cause ▇▇▇▇▇▇’s efforts 's Plans to comply with the requirements of Brevard County, Florida and this Lease shall not terminate unless Landlord notifies Tenant in writing of its election to no longer attempt to obtain such permits and licenses that are in accordance with the plans and specifications approved by Landlord pursuant to Section 1.1. If despite Tenant’s reasonable, diligent efforts, ▇▇▇▇▇▇ is unable to obtain the Permits on or before the expiration of one hundred eighty (180) days following the date of Tenant’s initial submission of an application for the Permits to the City (the “Permit Deadline”), then Tenant, within ten (10) business days after the Permit Deadline, may either give written notice to Landlord (i) terminating this Lease, or (ii) extending the Permit Deadline for a period of up to sixty (60) days. If Tenant terminates this Lease, subject to the terms of this Section 2.5, Landlord shall promptly refund any prepaid Rent to Tenant, and each party hereto shall be released and relieved from all further liability hereunder except for ▇▇▇▇▇▇’s and ▇▇▇▇▇▇▇▇’s respective indemnity obligations pursuant 's building permit. If Landlord obtains Tenant's building permit, Tenant shall have no further right to Sections 7.5 and 7.6.‌terminate this Lease under this Section 6.03.