Zoning Matters. Borrowers acknowledge that there are the following parking deficiencies at certain of the Properties (collectively, the “Parking Deficiencies”): (i) according to the existing zoning laws of the City of Herndon, Virginia, the number of automobile parking spaces on the Property known as Embassy Suites — Dulles Airport located at 10000 Xxxxxxxx Xxxx Xxxx in Herndon, Virginia (the “Dulles Property”), is deficient by two (2) spaces, and (ii) according to the existing zoning laws of the City of Syracuse, New York, the number of automobile parking spaces on the Property known as Embassy Suites — Syracuse located at 6000 Xxx Xxxxxxxx Xxxx in East Syracuse, New York (the “Syracuse Property”), is deficient by five (5) spaces. Borrowers hereby represent and warrant to Lender that there is sufficient vacant land area on each of the Dulles Property and the Syracuse Property to enable Borrowers to eliminate the Parking Deficiencies by restriping the parking spaces on the Dulles Property and the Syracuse Property, respectively. Borrowers hereby covenant and agree that if Borrowers receive any violation notice with respect to any of the Parking Deficiencies or if the applicable Governmental Authority shall otherwise require that any of the Parking Deficiencies 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 such Parking Deficiencies, 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 the provisions of this Section 4.1.15, shall provide Lender with true and correct copies of all submittals regarding, concerning or relating to the elimination of the Parking Deficiencies 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 Deficiencies prior to the execution of the same, and shall promptly advise Lender of all material developments regarding, concerning or relating to the Parking Deficiencies 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. 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.
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. 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. If at any time during the Term, any licensing or -------------- other authority having appropriate jurisdiction over the matter, shall (i) require the installation of a sprinkler system at the Greeley Property, such system shall be installed within any applicable deadlines imposed by such authority, and (ii) find that the operation of the Greeley Property is not within the applicable guidelines concerning occupancy levels, comply with such occupancy levels within any applicable deadlines imposed by such authority;
Zoning Matters. As of the Closing Date: (i) Developer shall not have received a notice from an applicable governmental authority that there is any judicial, quasi-judicial, administrative or other proceeding which is reasonably likely to adversely affect the validity of the zoning of the Property for its current use; and (ii) the Property is in compliance with all Governmental Requirements; provided, however, that Investor shall not have the right to terminate this Agreement pursuant to this subparagraph (f) if Investor had actual knowledge of the non-compliance of the Property with Governmental Requirements prior to the end of the Inspection Period.
