Zoning Report. Within thirty (30) days after the Closing Date, Borrower shall furnish to Lender a final zoning report from The Planning & Zoning Resource Company in connection with the Individual Property located at 000 xx 000 Xxxxxxxxx Xxxxxxx Xxxxx, Xxxxxxxxx, Xxxxx Xxxxxxxx (the “NC Zoning Report”), which NC Zoning Report (i) shall be substantially identical to the latest version of the draft zoning report which The Planning & Zoning Resource Company provided to Lender, (ii) includes, among other things, confirmation that there are no fire code violations at such Individual Property and (iii) does not reflect any other material changes from the existing draft of such report.
Zoning Report. Within thirty (30) days after the date hereof, Buyer may, at its expense, obtain a current zoning report for the Owned Real Property from a nationally-recognized zoning information services provider (the “Zoning Report”) containing a certificate from the applicable governmental authority indicating the zoning classification(s) of the Owned Real Property and certifying that each such parcel is in compliance with all applicable laws regarding zoning, or disclosing any violations or non-conformities which may be present, together with a copy of all pertinent regulations, variances, special use permits and certificates of occupancy and/or completion. Buyer shall pay the costs and expenses of all such zoning reports. Buyer shall promptly upon its receipt provide a copy of the Zoning Reports to Seller.
Zoning Report. Purchaser, at its sole cost and expense, shall have received a zoning report (“Zoning Report”) satisfactory to Purchaser, in its sole and absolute discretion, prepared by a consultant approved by Purchaser confirming the zoning for the Property.
Zoning Report. 54 10.14 Non-competition Agreements..........................................55 10.15
Zoning Report. Buyer shall have received, at Buyer's expense, reports, from qualified zoning inspectors approved by Buyer with respect to the compliance of each Facility with all applicable zoning requirements, and if such reports shall indicate any matters that would constitute a breach of any representation or warranty by any Shareholder or the Company then the parties shall in good faith agree upon a reasonable adjustment to the Base Amount (and, correspondingly, to the Series A Merger Consideration and Series B Merger Consideration on a proportionate basis) to reflect any damages that the Buyer might sustain by reason thereof, and upon such adjustment being made, Buyer shall be deemed to have been wholly compensated for any such damages and shall not be entitled to indemnification with respect thereto. Nothing contained in this subsection shall be deemed to limit Buyer's right to terminate this Agreement by reason of the failure of any other condition, including, without limitation, Section 10.1 above.
Zoning Report. 27. Property Owner Association documents. EXHIBIT C SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § THAT BEHRINGER HARVARD EQUITY DRIVE LP, a Delaware limited partnership (hereinafter referred to as “Grantor”), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by , a (hereinafter referred to as “Grantee”), whose mailing address is , the receipt and sufficiency of which consideration are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in Xxxxxx County, Texas, described on Exhibit A attached hereto and made a part hereof for all purposes, together with all and singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with all improvements situated thereon and any right, title and interest of Grantor in and to adjacent streets, alleys and rights-of-way and to all utility and drainage capacity and other entitlements (said land, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances, improvements and interests being hereinafter referred to collectively as the “Property”). This conveyance is made subject only to all presently recorded instruments which are valid and affect the Property described on Exhibit B attached hereto (such matters being referred to herein as the “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself and its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Grantor, but not otherwise. Ad valorem taxes for the year 2011 have been prorated between Grantor and Grantee. By acceptance of this Special Warranty Deed, Grantee assumes payment of all property taxes on the Property for the year and subsequent years.
Zoning Report. The Zoning Report, pursuant to Section 4.11 hereof.
Zoning Report. On or prior to the date that is fifteen (15) Business Days after the Effective Date (such fifteenth (15th) Business Day is referred to herein, as the same may be extended as provided herein, as the “Due Diligence Date” and such period from and after the Effective Date through and including the Due Diligence Date, the “Due Diligence Period”), Purchaser may, upon written notice delivered to Sellers by Purchaser (“Exclusion Notice”), exclude any Property from the transaction contemplated by this Agreement that is subject to any of the following that materially adversely affects the value of such Property (collectively, “Material Defects”): (1) the presence of Hazardous Materials at a Property the concentration, amount or presence of which exceeds those allowed by Environmental Law at the Property for commercial use of the Property, including the commercial use of the Property on the Effective Date; (2) a material violation of applicable zoning laws, which shall be deemed to not include any legally non-conforming status based on use or structure of any Property or an item for which an endorsement is available from the Title Company concerning such item; or (3) a material title or survey defect that is not a Permitted Exception and cannot be cured prior to Closing; in which event the Purchase Price shall be adjusted to account for the exclusion of such Property by deducting the amount of the Purchase Price allocated to such excluded Property as set forth in Schedule I and neither party shall have any further rights or obligations hereunder with respect to each such excluded Property, except for the obligations expressly deemed, pursuant to the terms and provisions of this Agreement, to survive the termination of this Agreement, and this Agreement shall continue in full force and effect with respect to all Properties not so excluded); provided, however, that in no event shall Purchaser have the right to exclude more than two (2) Properties pursuant to this Section 3.3 (the “Property Exclusion Threshold”). In the case of any Property exclusion as provided herein, Purchaser or Sellers may request an amendment of this Agreement to evidence same, in which event the parties shall enter into an amendment of this Agreement reasonably acceptable to Sellers and Purchaser that evidences the applicable Property exclusion, amends Schedule I and the definition of “Purchase Price” hereunder (as applicable), and contains such other terms and conditions as the parties may reaso...
Zoning Report. If Buyer shall have received reports from qualified zoning inspectors approved by Buyer with respect to the compliance of any Medi-Serve Facility with all applicable zoning requirements that constitutes a breach of a representation or warranty, then such breach will not be subject to the indemnification deductible described in Section 11.6(b). Nothing contained in this Section 8.10 will be deemed to limit Buyer's right to terminate this Agreement for any reason including, without limitation, the condition set forth in Section 9.1 hereof.
Zoning Report. IHS shall have received reports from qualified zoning inspectors approved by it with respect to the compliance of the Long Island Facility with all applicable zoning requirements. If such report states that a material problem exists, IHS may terminate this Agreement.
