Zoning and Permits. XXXXX’s intended use of said Premises is as an automobile service station and/or restaurant and/or automated type car wash and/or convenience food store, including the sale of food items prepared or cooked on the Premises and sale of alcoholic beverages and/or any other uses allowed under the applicable zoning code. On the date of execution of this Agreement by BUYER, SELLER hereby authorizes BUYER, at BUYER's expense, to immediately apply for and attempt to secure such zoning classification of the Premises, special/conditional use permits for the Premises and any other necessary requirements of the government body with jurisdiction which will permit BUYER to construct and operate upon the Premises buildings and facilities for the above-stated uses. SELLER authorizes BUYER, at BUYER’s expense, to apply for and attempt to secure sign permits, consents of property owners, curb cut permits, sewer or septic permits, and such building and other governmental permits as may be necessary to permit BUYER to construct and operate upon the Premises buildings, together with all equipment, signs, appurtenances and driveways in accordance with such design and specifications as BUYER shall in its sole discretion determine to be desirable for its use. Such applications may be made in BUYER’s name, at BUYER’s sole cost, or SELLER’s name, or both, as may be appropriate, and SELLER agrees to cooperate fully and in good faith in this regard. In the event said permits, zoning classification, or special use permit are not forthcoming to BUYER’s satisfaction or are denied by the persons or agencies having control thereof, then BUYER shall have the right but not the obligation, to take such further action to secure said permits, zoning classification, or special use permits as it may elect; provided only that at every stage thereof BUYER shall act promptly and proceed with reasonable diligence. This Agreement shall remain in full force and effect throughout the actions and proceedings described above; but unless said permits, zoning classification, or special use permit are obtained and are effective, valid and subsisting as of the date of closing, BUYER shall not be obliged to close this purchase and shall have the right to cancel this Agreement with a full refund of Xxxxxxx Money to BUYER.
Zoning and Permits. Landlord, at Landlord’s sole cost and expense will be responsible for and will obtain all governmental permits and approvals necessary or appropriate for the construction of the Building including, but not limited to, (i) all approvals required under zoning and land use laws and ordinances, (ii) all required platting, subdivision and zoning approvals, (iii) all required building permits and approvals, and (iv) tap permits or “connections” for water and sanitary sewer services to the Building. Tenant agrees, upon Landlord’s request, to join in applications for zoning matters, building permits, certificates of occupancy, and all other applications for licenses, permits and approvals for which the signature of Tenant or the owner is required by applicable law. Tenant will be responsible for non-structural cost increases to the Final Plans resulting from material changes to the governmental permits and approvals necessary for the Building, and for all costs and approvals on construction by Tenant.
Zoning and Permits. In order to develop the Leased Premises for the purposes described herein, it may be necessary or desirable that (i) street, water, sewer, drainage, gas, power lines, set back lines or other easements, dedications or similar rights be granted or dedicated over or within portions of the Leased Premises by plat, replat, grant, deed or other appropriate instrument or acquired on other properties or (ii) that existing street, sewer, drainage, gas, power lines, set back lines or other easements, dedications or similar rights on, in the vicinity of or affecting the Leased Premises or portions thereof be vacated or abandoned. With respect to the Leased Premises, and without limitation of the terms of Section 23.4(d), Landlord shall cooperate with and assist Tenant, and on written request of Tenant, join with Tenant in executing and delivering such documents (at Tenant’s expense as a portion of the Total Project Costs if incurred in connection with the Project Improvements Work), in each case, from time to time throughout the Term, as may be appropriate or necessary for the development of the Leased Premises or to reasonably facilitate future Improvements on the Leased Premises.
Zoning and Permits. The acquisition, construction, installation and equipping of the Project will comply with all applicable zoning, planning, building, health, Environmental Laws and other laws and regulations of the Governmental Authorities having jurisdiction of the Project. The Project Site is properly zoned for its intended purpose and Borrower has obtained all necessary permits or, to the knowledge of the Borrower, such permits can be obtained without unreasonable delay or burden, from federal, state and local governments related to the construction and use of the Project.
Zoning and Permits. Requester is wholly responsible for obtaining all government-required permits and ap- provals. Furthermore, requester is responsible for removing the equipment if requested by the local authority.
Zoning and Permits. (a) The Borrower has furnished to the Original Purchaser evidence satisfactory to the Original Purchaser that the real estate comprising the Project is in compliance with current zoning use and restrictions and is adequately zoned for the Borrower’s intended use and that all appropriate or necessary private and governmental approvals and permits have been obtained in connection with the construction of the improvements thereon and the Borrower’s intended use of the Project, including without limitation all applicable development and building permits and approvals and all consents and approvals required from applicable property owner associations, architectural review committees and other private third parties with approval rights relating to the construction of improvements on the real estate.
Zoning and Permits. Except as set forth in Schedule 3.07, (i) the Real Estate is currently zoned for the Facility and the MSW Services, (ii) to the Knowledge of Seller, Seller has all Governmental Permits necessary for it to operate the Facility and to conduct the MSW Services as are presently conducted and has made all required registrations or filings with any Governmental Authority relating the Governmental Permits, except where the absence thereof, either individually or in the aggregate, could not be reasonably expected to have a Material Adverse Effect, and a true and correct list of all such Governmental Permits is set forth on Schedule 3.07, (iii) all such Governmental Permits relating to the MSW Services or the Acquired Assets are valid and in full force and effect in all material respects and (iv) to the Knowledge of Seller, Seller is in compliance with all Government Permits except where the non-compliance would not have a Material Adverse Effect. Except as set forth in Schedule 3.07, no proceedings against Seller are pending or, to the Knowledge of Seller, threatened seeking the revocation or suspension of any Governmental Permits.
Zoning and Permits. In the event Tenant deems it necessary or appropriate to obtain zoning, site plan approval or any permit from the City or any other governmental entity having jurisdiction over the Premises or any part thereof or the immovable property not part of the Premises and that is owned by Tenant and associated with the Theme Park (and the Parties acknowledge that any such immovable property is not part of the Premises), Landlord, from time to time on request of Tenant and to the extent necessary as fee owner of the Premises, shall execute such documents or join in such petitions, applications and authorizations, as deemed reasonable or necessary by Tenant. Landlord and the City shall cooperate in good faith with Tenant and use their reasonable best efforts to assist Tenant in obtaining such permits, licenses and approvals from the City as Tenant may consider necessary or appropriate from time to time. Notwithstanding the foregoing, the City's agreement to cooperate shall apply only to acts by it in its capacity as a lender, and not in its governmental capacity. Nothing herein shall obligate the City to issue any permit, license or approval in its governmental capacity that it would not otherwise issue but for the terms of this section. ARTICLE 5
Zoning and Permits. To the best of Seller's knowledge without due inquiry, the Property is currently zoned appropriately for use as a fast-food restaurant with drive- through window. All necessary governmental permits for the development and/or operation of the Property, as currently conducted, are readily available. Seller has received no notice or order from any governmental authority having jurisdiction over the Property that adversely affects the use, development, construction and/or operation of the Property as presently conducted.
Zoning and Permits. The Property is and will continue to be, used and operated in full compliance with applicable building codes, zoning and land-use laws, and other local, state, or federal laws and regulations. No Borrower has knowledge of any condemnation, zoning or any other land-use regulation proceedings, either instituted or planned to be instituted, which would detrimentally affect the use and operation of the Property for its intended purpose. Borrower is and will continue to be lawfully in possession of any and all permits, licenses, and other intangibles necessary to conduct the operations of Borrower.
