Permitting Contingency Sample Clauses

Permitting Contingency. The lease of the First Refusal Space, the obligation of Landlord to perform the First Refusal Space Work and the First Refusal Amendment shall be subject to the condition that Landlord obtains the Permits and Approvals required to construct and operate the First Refusal Space (the “First Refusal Permit Contingency”). After the execution of the First Refusal Amendment, Landlord agrees to promptly apply for, and diligently pursue, such Permits and Approvals. To the extent Landlord determines that it will be unable through the exercise of reasonable efforts to obtain such Permits and Approvals within nine (9) after the date of the First Refusal Amendment, it shall have the right to terminate the First Refusal Amendment upon written notice to Xxxxxx delivered not later than the expiration of such 9-month period, and upon delivery of such notice, the First Refusal Amendment and the rights of Tenant under this Section 10.2 shall be of no further force and effect, but Tenant shall have the rights set forth in Section 10.3 below to the extent applicable. The failure of Landlord to obtain such Permits and Approvals for the First Refusal Space Work shall not be deemed a default by Landlord, permit a termination of this Lease by Tenant (except to the limited extent set forth in Section 10.3 below) or otherwise entitle Tenant to any rights or remedies under this Lease.
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Permitting Contingency. From and after the Effective Date for a period of sixty (60) days (the “Permitting Contingency Period”), BUYER shall at BUYER’S sole cost and expense, filing the necessary applications to obtain any and all permits, special permits, variances, licenses and/or approvals for BUYER’S proposed use of the Premises. SELLER agrees to cooperate fully with BUYER and shall execute as the owner of the Premises such applications and documents that may be reasonably required to obtain such permits, licenses and/or approvals. If despite BUYER’S diligent efforts, BUYER is unable to obtain all such permits, special permits, variances, licenses and/or approvals, the BUYER may terminate this Agreement on or prior to the expiration of the Permitting Contingency Period by written notice to the SELLER whereupon any Deposit made hereunder shall be forthwith refunded and all obligations of the parties hereto shall cease and this Agreement shall be void without further recourse available to either party either at law or in equity. Notwithstanding the foregoing to the contrary, if despite BUYER’S diligent efforts, the BUYER has not received such permits, special permits, variances, licenses and/or approvals, the BUYER upon written notice to the SELLER on or prior to the expiration of the Permitting Contingency Period, shall have the right to extend Permitting Contingency Period for an additional thirty (30) days. Furthermore, if despite BUYER’S diligent efforts, the BUYER has not received such permits, special permits, variances, licenses and/or approvals on or prior to the expiration of the Permitting Contingency Period, as the same may be extended, the BUYER may terminate this Agreement on or prior to the expiration of the Permitting Contingency Period, as the same may be extended, by written notice to the SELLER whereupon any Deposit made hereunder shall be forthwith refunded and all obligations of the parties hereto shall cease and this Agreement shall be void without further recourse available to either party either at law or in equity.
Sample 1
Permitting Contingency. Buyer shall have obtained from the Town of Xxxxxxxx Zoning Board of Appeals, the Randolph Board of Health, and any other governmental body having jurisdiction amendments of the existing special permits or new special permits for each of the Property and the Leased Premises, permits for the use of recombinant DNA, and such other permits as are required by the Town of Xxxxxxxx to permit the use of the Property and the Leased Premises for Buyer's intended biotechnology research, manufacturing, office and storage activities, on terms and conditions satisfactory to Buyer in its sole discretion, and all appeal periods therefrom shall have expired without appeal having been taken ("Permitting Contingency"). Buyer agrees to use diligent efforts to pursue such relief, including the timely filing of applications, and attendance at all hearings related thereto. Seller hereby agrees to cooperate in such proceedings, and to attend such hearings in support of Buyer's requested relief. Buyer shall furnish Seller with copies of its applications and other filings, and shall keep Seller advised as to the progress of such proceedings.
Sample 1
Permitting Contingency. In the event that the Permitting Contingency has not been satisfied by March 1, 2001, then Buyer shall have the option, exercisable by written notice to Seller at or prior to Closing, of (i) accepting at Closing such title as Seller is able to convey and/or waiving any unsatisfied condition precedent, including the Permitting Contingency, with no deduction from or adjustment of the Purchase Price and proceeding to Closing, or (ii) declining to proceed to Closing. In the latter event, except as expressly set forth herein, all obligations, liabilities and rights of the parties under this Agreement shall terminate, and the Deposit shall be returned to Buyer. Such election to terminate this Agreement and have the Deposit returned shall be Buyer's sole remedy for the failure of the Permitting Contingency to be satisfied. Seller shall not have any liability to Buyer for any such failure of the Permitting Contingency to be satisfied, provided that Seller has performed its obligations under Section 4.2.5 above.
Sample 1
Permitting Contingency. The PCE shall also include an agreed-upon amount as a Permitting Contingency to address changes required by the permitting agency in approving the Construction Documents. Upon receipt of the permitted Construction Documents, CM/GC shall promptly identify and notify the Core Group in writing of the cost impact of any resulting modifications to the Construction Documents and the amount of the Permitting Contingency that will be needed to cover those costs.
Sample 1
Permitting Contingency. BHM shall bear all of the costs and expenses of obtaining the final and unappealable permits and approvals from all governmental authorities with jurisdiction over the Project including, but not limited to: subdivision approval for the Marina Lot, local COA Level I approval, State of Vermont Water and Wastewater Permit, State Stormwater Permit or Amendment (if required), State Lake Encroachment Permit, US Army Corps of Engineers General Permit; for the construction and use of the Marina (“Permits and Approvals”). BHM shall compensate the City for any reasonable design, permit and construction costs incurred by the City relative to improvements to the Project (including any necessary off-site improvements) provided that the costs are approved by BHM in advance, which approval shall not be unreasonably withheld. Subject to Marina compliance with the terms of this Development Agreement and being consistent with the terms and conditions thereof, the City shall cooperate with of BHM’s efforts in obtaining the Permits and Approvals. The Parties’ obligations under this Agreement shall be subject to BHM obtaining the Permits and Approvals consistent with this agreement or on terms otherwise satisfactory to the Parties by December 31, 2017, subject to extension by mutual agreement (the “Permit Contingency Period”). The Permitting Contingency shall be deemed satisfied upon submission by BHM of a stamped engineers affidavit evidencing all permits necessary to commence construction of the Project have been obtained. The City shall allow any previously permitted parking spaces for fishing pier and Water Department lost as a result of the Project to be relocated. The City shall assist BHM in showing the State of Vermont permitting authorities that there is no space on land to provide the Marina facilities that are to be located in the floating Marina facility. The City shall support the application by BHM for Permits and Approvals and shall cooperate with BHM in accordance with Section 17, below. In the event BHM is unable to obtain the Permits and Approvals, with satisfactory terms, during the Permit Contingency Period including all extensions, this Development Agreement and the Ground Lease shall terminate.
Sample 1
Permitting Contingency. In the event there is a building moratorium (“Governmental Moratorium”) or a similar governmental restriction in effect for the Land as of the completion of the Permit Approval Period, or Contractor, after having used commercially reasonable efforts, is unable to obtain all required permits required by governmental authority, Contractor may elect to terminate this Agreement.
Sample 1
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Permitting Contingency. This agreement is contingent until December 31, 2021 on Seller obtaining approval from the Town of Tisbury to obtain sewer flow in the net amount of 1400 gpd. The parties understand that the sewer flow must be obtained by SELLER, the current owner of the property. However SELLER hereby agrees to transfer the property and the rights to such sewer flow with the property. The parties agree and understand that 1,400 GPD is sufficient to operate a 70 seat restaurant under the following conditions: The facility shall not offer table service or indoor seating, dishware or silverware. It will make picnic tables available on the LCA for customer use. It will offer alcoholic beverages only for consumption in the LCA with the purchase of a take-out meal. BUYER and SELLER shall collaborate in the approval process. SELLER will provide at SELLER’S expense preliminary architectural drawings sufficient for review by the Town of Tisbury. Working drawings necessary to obtain building permits for the improvements shall be the responsibility of the Buyer. SELLER will assist BUYER in the approval process by scheduling meetings and managing the flow of information to and between the Town. BUYER will appear as necessary at meetings and hearings
Sample 1

Related to Permitting Contingency

  • Financing Contingency The Buyer’s obligations herein are contingent on the Buyer’s obtaining financing to pay the balance on the Purchase Price. The Buyer must present to the Seller a binding commitment for financing the purchase of the Property within days from the Effective date. The terms of the financing must be acceptable to and approved by the Buyer who shall not unreasonably withhold such approval. In the event that the Buyer fails to obtain financing within the time allotted, this Agreement shall automatically terminated and all funds paid by the Buyer shall be returned to the Buyer after deducting all reasonable costs incurred by the Seller in good faith in relation this Agreement.

  • No Financing Contingency Purchaser understands and agrees that this Agreement is not contingent upon Purchaser obtaining financing for Closing. Purchaser shall be solely responsible for making Purchaser’s own financial arrangements to enable Purchaser to pay Seller for the Unit and Purchaser acknowledges that the satisfaction of any condition imposed by a lender is solely at Purchaser’s risk, including, without limitation, the risk of any downward fluctuation in the value of the Unit.

  • Event of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders, notices of all Events of Default known to the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, that, except in the case of a default in the payment of a Guarantee Payment, the Guarantee Trustee shall be protected in withholding such notice if and so long as the Board of Directors, the executive committee or a trust committee of directors and/or Responsible Officers of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders.

  • INDUCEMENT RECAPTURE IN EVENT OF BREACH Any agreement by Lessor for free or abated rent or other charges applicable to the Premises, or for the giving or paying by Lessor to or for Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "INDUCEMENT PROVISIONS" shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease to be performed or observed by Lessee during the term hereof as the same may be extended. Upon the occurrence of a Breach (as defined in Paragraph 13.1) of this Lease by Lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due and payable by Lessee to Lessor, and recoverable by Lessor, as additional rent due under this Lease, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this Paragraph 13.3 shall not be deemed a waiver by Lessor of the provisions of this Paragraph 13.3 unless specifically so stated in writing by Lessor at the time of such acceptance.

  • Default in Favor of Third Parties Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's or any Grantor's ability to repay the Loans or perform their respective obligations under this Agreement or any of the Related Documents.

  • Termination Upon Event of Default If Foothill terminates this Agreement upon the occurrence of an Event of Default, in view of the impracticability and extreme difficulty of ascertaining actual damages and by mutual agreement of the parties as to a reasonable calculation of Foothill's lost profits as a result thereof, Borrower shall pay to Foothill upon the effective date of such termination, a premium in an amount equal to the Early Termination Premium. The Early Termination Premium shall be presumed to be the amount of damages sustained by Foothill as the result of the early termination and Borrower agrees that it is reasonable under the circumstances currently existing. The Early Termination Premium provided for in this Section 3.7 shall be deemed included in the Obligations.

  • No Change in Condition No change in the condition (financial or otherwise), business, performance, properties, assets, operations or prospects of the Borrower or any of its Subsidiaries and its subsidiaries shall have occurred since December 31, 1998, which change, in the judgment of the Lenders, will have or is reasonably likely to have a Material Adverse Effect.

  • Termination Related to a Change in Control The following provisions shall survive the expiration of the Term of this Agreement and the termination of Executive’s employment.

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