Common use of Conditions Precedent to Developer Obligations Clause in Contracts

Conditions Precedent to Developer Obligations. Developer shall have one hundred twenty (120) days (the “Due Diligence Period”) to examine the Property and determine technical and economic feasibility of the Project. During the Due Diligence Period, Purchaser may (a) conduct due diligence studies including such physical inspections and other tests, (b) obtain information, analysis, proposals and contracts from contractors, architects, consultants and other experts, examinations, studies, title and survey reviews and appraisals of the Property as Purchaser shall deem necessary, (c) collect further information on Project schedule and costs, and construction requirements and timing, and other information as needed, (d) pursue any type of zoning, site plan approvals and permits as may be required for Purchaser to utilize the Property for the Project, (e) acquire leases, operating agreements or other commitments pertaining to operation of the tenant spaces; and (f) determine overall economic feasibility of the Project in Developer's exclusive discretion. Developer may in its sole discretion and for any reason determine that the Project is not feasible or that Developer no longer desires to proceed with the Project and terminate the EDA without liability or penalty at any time prior to the conclusion of the Due Diligence Period.

Appears in 3 contracts

Samples: Economic Development Agreement, Economic Development Agreement, Economic Development Agreement

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Conditions Precedent to Developer Obligations. Developer shall have one hundred twenty (120) days (the “Due Diligence Period”) to examine the Property and determine technical and economic feasibility of the Project. During the Due Diligence Period, Purchaser Developer may (a) conduct due diligence studies including such physical inspections and other tests, (b) obtain information, analysis, proposals and contracts from contractors, architects, consultants and other experts, examinations, studies, title and survey reviews and appraisals of the Property as Purchaser Developer shall deem necessary, (c) collect further information on Project schedule and costs, and construction requirements and timing, and other information as needed, (d) pursue any type of zoning, site plan approvals and permits as may be required for Purchaser Developer to utilize the Property for the Project, (e) acquire leases, operating agreements or other commitments pertaining to operation of the tenant spaces; and (f) determine overall economic feasibility of the Project in Developer's exclusive discretion. Developer may in its sole discretion and for any reason determine that the Project is not feasible or that Developer no longer desires to proceed with the Project and terminate the EDA this Agreement without liability or penalty at any time prior to the conclusion of the Due Diligence Period.

Appears in 2 contracts

Samples: Economic Development Agreement, Economic Development Agreement

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