Zoning Matters. (a) Borrowers acknowledge that according to the existing zoning laws of the City of Jacksonville, Florida, the number of automobile parking spaces on the Property known as Springhill Suites – Jacksonville located at 4000 Xxxxxxxxx Xxxxxxxxx in Jacksonville, Florida (the “Jacksonville Property”), is deficient by one (1) space (the “Parking Deficiency”). Borrowers hereby represent and warrant to Lender that there is sufficient vacant land area on the Jacksonville Property to enable Borrowers to eliminate the Parking Deficiency by restriping the parking spaces on the Jacksonville Property. Borrowers hereby covenant and agree that if Borrowers receive any violation notice with respect to any of the Parking Deficiency or if the applicable Governmental Authority shall otherwise require that the Parking Deficiency be remedied, Borrowers shall continuously and diligently take, or cause to be taken, all actions and do, or cause to be done, all things necessary to eliminate the Parking Deficiency, which actions shall in all events be taken in compliance with all applicable Legal Requirements. Borrowers shall keep Lender advised beforehand as to the actions to be taken by Borrowers to comply with Pool 2 the provisions of this Section 4.1.15(a), shall provide Lender with true and correct copies of all submittals regarding, concerning or relating to the elimination of the Parking Deficiency prior to the submission of the same to any Governmental Authority, shall provide Lender with true and correct copies of all documents regarding, concerning or relating to the elimination of the Parking Deficiency prior to the execution of the same, and shall promptly advise Lender of all material developments regarding, concerning or relating to the Parking Deficiency or the elimination thereof.
Zoning Matters. There are no uncorrected violations of zoning and/or building codes relating to the Seller Office.
Zoning Matters. Without the prior written consent of Purchaser, which consent may be withheld in Purchaser's sole discretion, Seller shall not apply for, consent to, promote or acquiesce in any modification of any zoning restrictions or other restrictions or regulations of governmental or quasi-governmental authorities with respect to the Property or any property located adjacent to the Property. Purchaser's sole recourse should any of the above conditions A through L, inclusive, fail to be fulfilled prior to Closing shall be to terminate this Agreement or waive such failure and proceed to close the sale contemplated hereby.
Zoning Matters. Except as permitted by the Loan Agreement, Mortgagor shall not, without the prior written consent of Mortgagee, (i) initiate or support, or permit the grantee or landlord under any of the Easements, Leases or Mortgaged Leases, respectively, to initiate or support, any zoning reclassification of the Mortgaged Property, seek any variance under existing zoning ordinances applicable to the Mortgaged Property or use or permit the use of the Mortgaged Property in a manner which would result in such use becoming a non-conforming use under applicable zoning ordinances, (ii) modify or amend, or permit the grantee or landlord under any of the Easements, Leases or Mortgaged Leases, any other easements or appurtenances constituting part of the Mortgaged Property, or (iii) impose or agree to, or permit the grantee or landlord under any of the Easements, Leases or Mortgaged Leases, any restrictive covenants or encumbrances upon the Mortgaged Property, other than Permitted Liens.
Zoning Matters. Notwithstanding anything in this agreement to the contrary, the obligation of Purchaser to close hereunder is conditioned upon Seller’s delivery to Purchaser, at or prior to Closing a “PZR Report” with respect to the Property issued by The Planning & Zoning Resource Corp (the “Zoning Report”) acceptable to Purchaser in Purchaser’s reasonable discretion.
Zoning Matters. Except as may be required, or as to leases, permitted under the terms thereof or under any Applicable Law (1) initiate or consent to any material zoning reclassification of any of the Company Properties or any material change to any approved site plan (in each case, that is material to such Company Properties or plan, as applicable), special use permit or other land use entitlement affecting any material Company Properties in any material respect or (2) amend, modify or terminate, or consent to any Person to amend, modify, terminate or allow to lapse, any material permits of the Acquired Companies.
Zoning Matters. LESSOR hereby acknowledges that as of the date of execution of this Lease, LESSEE has not received a final determination from all governmental or quasi-governmental agencies have jurisdiction over the leased premises (the “Zoning Agency”) and the occupancy thereof by LESSEE as to whether a sprinkler or other fire suppression system shall be required in the leased premises before LESSEE shall be able to legally occupy and use the leased premises for the purposes permitted under this Lease. Notwithstanding any term or provision of this Lease to the contrary, in the event that the Zoning Agency requires LESSEE to install a sprinkler or other fire suppression system in the leased premises and the cost thereof exceeds $20,000, then LESSEE shall have the immediate right to terminate this Lease upon delivery of written notice thereof to LESSOR, provided that if LESSOR agrees to reimburse LESSEE for all costs associated with such sprinkler or other fire suppression system in excess of $20,000, then LESSEE’s termination right pursuant to this Section 32 shall be rescinded. Notwithstanding the foregoing, upon completion of the installation of the sprinkler or other fire suppression system by LESSEE and upon delivery of an invoice for the cost thereof to LESSOR, LESSEE shall have the right to terminate this Lease upon delivery of written notice thereof to LESSOR unless LESSOR shall remit the amount on such invoice in excess of $20,000 to LESSEE within thirty (30) days of LESSOR’S receipt of such invoice.
Zoning Matters. Seller agrees to use reasonable efforts to cooperate with Buyer in Buyer's attempts to obtain such zoning, platting and development approvals as may be necessary or desirable, in Buyer's sole and absolute discretion, so long as Seller is able to continue Seller's use of the Property under the Lease.
Zoning Matters. Without limiting any other provisions set forth herein, in the event that the construction of the Xxxxxxxxxx Facility in accordance with the Xxxxxxxxxx Plans and Specifications and/or the use and operation of the Xxxxxxxxxx Facility in accordance with its Primary Intended Use is not permitted as of right under the applicable zoning requirements, (i) the Seller shall obtain all necessary zoning approvals required for the construction of the Xxxxxxxxxx Facility in accordance with the Xxxxxxxxxx Plans and Specifications, the Xxxxxxxxxx Development Agreement and this Agreement and/or the operation of the Xxxxxxxxxx Facility in accordance with its Primary Intended Use and shall deliver true and correct copies of all such zoning approvals to the Buyer, (ii) as of the Xxxxxxxxxx Closing, (x) all of the conditions, restrictions and other limitations set forth in such zoning approvals relating to the construction and development of the Xxxxxxxxxx Facility, as well as all other applicable zoning requirements relating to the construction and development of the Xxxxxxxxxx Facility shall be fully satisfied, (y) the operation of the Xxxxxxxxxx Facility in accordance with its Primary Intended Use will not violate such zoning approvals or any other applicable zoning requirement and (z) all appeal periods relating to the granting of such zoning approvals shall have expired with no appeals having been filed or all appeals having been conclusively decided in favor of the owner of the Xxxxxxxxxx Property and (iii) such zoning approvals shall run with the land.
Zoning Matters. Without limiting any other provisions set forth herein, in the event that the construction of the West Bloomfield Hills Facility in accordance with the West Bloomfield Hills Plans and Specifications and/or the use and operation of the West Bloomfield Hills Facility in accordance with its Primary Intended Use is not permitted as of right under the applicable zoning requirements, (i) the Seller shall obtain all necessary zoning approvals required for the construction of the West Bloomfield Hills Facility in accordance with the West Bloomfield Hills Plans and Specifications, the West Bloomfield Hills Development Agreement and this Agreement and/or the operation of the West Bloomfield Hills Facility in accordance with its Primary Intended Use and shall deliver true and correct copies of all such zoning approvals to the Buyer, (ii) as of the West Bloomfield Hills Closing, (x) all of the conditions, restrictions and other limitations set forth in such zoning approvals relating to the construction and development of the West Bloomfield Hills Facility, as well as all other applicable zoning requirements relating to the construction and development of the West Bloomfield Hills Facility shall be fully satisfied, (y) the operation of the West Bloomfield Hills Facility in accordance with its Primary Intended Use will not violate such zoning approvals or any other applicable zoning requirement and (z) all appeal periods relating to the granting of such zoning approvals shall have expired with no appeals having been filed or all appeals having been conclusively decided in favor of the owner of the West Bloomfield Hills Property and (iii) such zoning approvals shall run with the land.
