Common use of Permitting Contingency Clause in Contracts

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.

Permitting Contingency. The lease of the First Refusal SpaceExpansion Premises, the obligation of Landlord to perform the First Refusal Space Expansion Work and the First Refusal Expansion Amendment shall be subject to the condition that Landlord obtains all necessary building and other permits and governmental approvals, including, but not limited to, site plan approval, special permits, variances, conservation commission approvals and a building permit (collectively, the “Permits and Approvals Approvals”) required to construct and operate the First Refusal Space Expansion Premises (the “First Refusal Permit Contingency”). After the execution of the First Refusal Expansion Amendment, Landlord agrees to promptly apply for, and diligently pursue, such Permits and ApprovalsApprovals for the Expansion Premises. To the extent Landlord determines that it will be unable through the exercise of reasonable efforts to obtain such the Permits and Approvals within nine (9) months after the date of the First Refusal Expansion Amendment, it shall have the right to terminate the First Refusal Expansion Amendment upon written notice to Xxxxxx Tenant delivered not later than the expiration of such 9-month period, and upon timely delivery of such notice, the First Refusal Expansion 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 Expansion Premises 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.

Permitting Contingency. The lease of the First Refusal SpaceExpansion Premises, the obligation of Landlord to perform the First Refusal Space Expansion Work and the First Refusal Expansion Amendment shall be subject to the condition that Landlord obtains all necessary building and other permits and governmental approvals, including, but not limited to, site plan approval, special permits, variances, conservation commission approvals and a building permit (collectively, the “Permits and Approvals Approvals”) required to construct and operate the First Refusal Space Expansion Premises (the “First Refusal Permit Contingency”). After the execution of the First Refusal Expansion Amendment, Landlord agrees to promptly apply for, and diligently pursue, such Permits and ApprovalsApprovals for the Expansion Premises. To the extent that either (i) Landlord determines that it will be unable through the exercise of reasonable efforts to obtain such the Permits and Approvals within nine twelve (912) months after the date of the First Refusal AmendmentExpansion Amendment or (ii) during the process of obtaining the Permits and Approvals, it any applicable governmental or permitting authorities impose conditions that are not acceptable to Landlord, in Landlord’s good faith judgment, then in either case Landlord shall have the right to terminate the First Refusal Expansion Amendment upon written notice to Xxxxxx delivered not later than the expiration of such 9-month periodTenant, and upon timely delivery of such notice, the First Refusal Expansion 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 Expansion Premises 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 LeaseLease as a result thereof.