Common use of Conditions of Certain County Approvals Clause in Contracts

Conditions of Certain County Approvals. 10.6.1. County may withhold consent to a Transfer at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective Transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease. (c) The Annual Rent Date has not passed. (d) The construction required of Tenant as a condition of this Lease has not been completed. (e) All the material terms, covenants, and conditions of the Transfer that are relevant to the County approval of the Transfer have not been revealed in writing to County. (f) The processing fee required by County and set out below has not been paid to County by delivery of said fee to County. (1) A fee of $3,000 shall be paid to County for processing each consent to Transfer submitted to County as required by this Lease. This processing fee shall be deemed earned by County when paid and shall not be refundable. No fee shall be payable in connection with any Sublease described in 10.7 below. (2) If a processing fee has been paid by Tenant for another phase of the same transaction, a second fee will not be charged. Such fee shall be increased every ten years during the Lease term based on any increase in the CPI Index. Under no circumstances shall the fee decrease.

Appears in 1 contract

Samples: Ground Lease

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Conditions of Certain County Approvals. 10.6.1. County may withhold consent to a Transfer at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective Transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease. (c) The Annual Rent Commencement Date has not passed. (d) The construction required of Tenant as a condition of this Lease has not been completed. (e) All the material terms, covenants, and conditions of the Transfer that are relevant to the County approval of the Transfer have not been revealed in writing to County. (f) The processing fee required by County and set out below has not been paid to County by delivery of said fee to County. (1) A fee of $3,000 shall be paid to County for processing each consent to Transfer submitted to County as required by this Lease. This processing fee shall be deemed earned by County when paid and shall not be refundable. No fee shall be payable in connection with any Sublease described in 10.7 below. (2) If a processing fee has been paid by Tenant for another phase of the same transaction, a second fee will not be charged. Such fee shall be increased every ten years during the Lease term based on any increase in the CPI Index. Under no circumstances shall the fee decrease.

Appears in 1 contract

Samples: Option Agreement

Conditions of Certain County Approvals. 10.6.1. County may withhold consent to a Transfer at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective Transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease. (c) The Annual Rent Stabilization Date has not passed. (d) The Any construction required of Tenant as a condition of this Lease has not been completed. (e) All the material terms, covenants, and conditions of the Transfer that are relevant to the County approval of the Transfer have not been revealed in writing to County. (f) The processing fee required by County and set out below has not been paid to County by delivery of said fee to County. (1) A fee of $3,000 shall be paid to County for processing each consent to Transfer submitted to County as required by this Lease. This processing fee shall be deemed earned by County when paid and shall not be refundable. No fee shall be payable in connection with any Sublease described in 10.7 below. (2) If a processing fee has been paid by Tenant for another phase of the same transaction, a second fee will not be charged. Such fee shall be increased every ten years during the Lease term based on any increase in the CPI Index. Under no circumstances shall the fee decrease.

Appears in 1 contract

Samples: Ground Lease

Conditions of Certain County Approvals. 10.6.1. County may withhold consent to a Transfer at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective Transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease. (c) The Annual Rent Date has not passed. (d) The construction required of Tenant as a condition of this Lease has not been completed. (ed) All the material terms, covenants, and conditions of the Transfer that are relevant to the County approval of the Transfer have not been revealed in writing to County. (fe) The processing fee required by County and set out below has not been paid to County by delivery of said fee to County. (1) A fee of $3,000 shall be paid to County for processing each consent to Transfer submitted to County as required by this Lease. This processing fee shall be deemed earned by County when paid and shall not be refundable. No fee shall be payable in connection with any Sublease described in 10.7 below. (2) If a processing fee has been paid by Tenant for another phase of the same transaction, a second fee will not be charged. Such fee shall be increased every ten years during the Lease term based on any increase in the CPI Index. Under no circumstances shall the fee decrease.

Appears in 1 contract

Samples: Ground Lease

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Conditions of Certain County Approvals. 10.6.1. County may withhold consent to a Transfer at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective Transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease. (c) The Annual Rent Date has not passed. (d) The construction required of Tenant as a condition of this Lease has not been completed. (e) All the material terms, covenants, and conditions of the Transfer that are relevant to the County approval of the Transfer have not been revealed in writing to County. (f) The processing fee required by County and set out below has not been paid to County by delivery of said fee to County. (1) A fee of $3,000 shall be paid to County for processing each consent to Transfer submitted to County as required by this Lease. This processing fee shall be deemed earned by County when paid and shall not be refundable. No fee shall be payable in connection with any Sublease described in 10.7 below. (2) If a processing fee has been paid by Tenant for another phase of the same transaction, a second fee will not be charged. Such fee shall be increased every ten years during the Lease term based on any increase in the CPI Index. Under no circumstances shall the fee decrease.

Appears in 1 contract

Samples: Ground Lease

Conditions of Certain County Approvals. 10.6.1. County may withhold consent to a Transfer at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective Transferee has not agreed in writing to keep, perform, and be bound by all the terms, covenants, and conditions of this Lease. (c) The Annual Rent Date has not passed. (d) The construction required of Tenant as a condition of this Lease has not been completedcompleted and will not be assumed by assignee or assignee’s contractor. (ed) All the material terms, covenants, and conditions of the Transfer that are relevant to the County approval of the Transfer have not been revealed in writing to County. (fe) The processing fee required by County and set out below has not been paid to County by delivery of said fee to County. (1) A fee of $3,000 shall be paid to County for processing each consent to Transfer submitted to County as required by this Lease. This processing fee shall be deemed earned by County when paid and shall not be refundable. No fee shall be payable in connection with any Sublease described in 10.7 below. (2) If a processing fee has been paid by Tenant for another phase of the same transaction, a second fee will not be charged. Such fee shall be increased every ten years during the Lease term based on any increase in the CPI Index. Under no circumstances shall the fee decrease.

Appears in 1 contract

Samples: Ground Lease

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