Common use of DDA Clause in Contracts

DDA. Subject to its rights, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“DDA”) for the Property. The DDA is anticipated to (a) provide Buyer those vested rights as allowed by law, with a term to be mutually agreed by the parties, (b) ascertain Buyer’s intent with respect to a new or modernized Stadium, (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacity), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (d) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions precedent to Seller’s obligation to sell, and Buyer’s obligation to buy, the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “DDA Approval” shall be deemed to occur when (i) the DDA has been approved by Seller and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s DDA Approval (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s DDA Approval without modification of the DDA, and (iv) all time periods for any petition for an initiative or referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum has failed to pass.

DDA. Subject to its rights, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“DDA”) for the Property. The DDA is anticipated to (a) provide Buyer those vested rights as allowed by law, with a term to be mutually agreed by the parties, (b) ascertain Buyer’s intent with respect to a new or modernized Stadium, (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacity), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (d) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions precedent to Seller’s obligation to sell, and BuyerXxxxx’s obligation to buy, the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “DDA Approval” shall be deemed to occur when (i) the DDA has been approved by Seller and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s DDA Approval (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s DDA Approval without modification of the DDA, and (iv) all time periods for any petition for an initiative or referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum has failed to pass.

DDA. Subject to its rights, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“DDA”) for the Property. The DDA is anticipated to (a) provide Buyer those vested rights as allowed by law, with a term to be mutually agreed by the parties, (b) ascertain Buyer’s intent with respect to a new or modernized Stadium, (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacity), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan Approval (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (dhereinafter defined) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions shall be a condition precedent to Seller’s obligation to sell, and Buyer’s obligation to buy, buy the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “DDA Approval” shall be deemed to occur when means that (i) the DDA Disposition and Development Agreement for the Property between Seller and Buyer for the Property (“DDA”), attached as Exhibit “H”, including Buyer’s Master Site Plan incorporated as an exhibit thereto (the “Master Site Plan”), has been approved by Seller in accordance with Government Code Section 65865 et seq. and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s approval (or re-approval, if applicable) of the DDA Approval (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s approval of the DDA Approval without modification of the DDA, and (iv) all time periods for any petition for an initiative or a referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum has failed to pass. In the event that Seller’s approval of the DDA is set aside by a final non- appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non-appealable judgment, to enable Seller’s re-approval of the DDA within three (3) months of such final judgment.

DDA. Subject to its rights, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“"DDA”") for the Property. The DDA is anticipated to (a) provide Buyer those vested rights as allowed by law, with a term to be mutually agreed by the parties, (b) ascertain Buyer’s 's intent with respect to a new or modernized Stadium, (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacity), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (d) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions precedent to Seller’s 's obligation to sell, and Buyer’s 's obligation to buy, the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “"DDA Approval” " shall be deemed to occur when (i) the DDA has been approved by Seller and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s 's DDA Approval (including, but not limited to, any period for challenge under the California Environmental Quality Act (“"CEQA”")) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’splaintiffs/petitioner’s 's dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s 's DDA Approval without modification of the DDA, and (iv) all time periods for any petition for an initiative or referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum re rendum has failed to pass.

DDA. Subject to its rightsAs used in this Agreement, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable “DDA” means that certain Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“DDA”) for the Property. The DDA is anticipated to (a) provide Property between Seller and Buyer those vested rights attached as allowed by lawExhibit “H”, with a term to be mutually agreed by the parties, (b) ascertain including Buyer’s intent with respect to a new or modernized Stadium, Master Site Plan incorporated as an exhibit thereto (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacitythe “Master Site Plan”), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan . DDA Approval (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (dhereinafter defined) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions shall be a condition precedent to Seller’s obligation to sell, and Buyer’s obligation to buy, buy the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “DDA Approval” shall be deemed to occur when means that (i) the DDA DDA, including the Master Site Plan, has been approved by Seller in accordance with Government Code Section 65865 et seq. and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, and recorded against the Property, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s approval (or re-approval, if applicable) of the DDA Approval or Master Site Plan (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s approval of the DDA Approval or Master Site Plan without modification of the DDADDA or Master Site Plan, and (iviii) all time periods for any petition for an initiative or a referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum has failed to pass. In the event that Seller’s approval of the DDA, or the incorporated Master Site Plan, is set aside by a final non-appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non-appealable judgment, to enable Seller’s re-approval of the DDA, including, if applicable, the Master Site Plan, within three (3) months of such final judgment.

DDA. Subject to its rights, discretion, authorities or obligations, acting in its governmental and regulatory capacity, Seller, on the one hand, and Buyer, on the other hand, shall use good faith efforts to negotiate a mutually acceptable Disposition and Development Agreement in accordance with Government Code Section 65865 et seq. (“"DDA”") for the Property. The DDA is anticipated to (a) provide Buyer those vested rights as allowed by law, with a term to be mutually agreed by the parties, (b) ascertain Buyer’s 's intent with respect to a new or modernized Stadium, (c) provide certain community benefits to be negotiated by Buyer and Seller (in its proprietary capacity), which benefits to the public are not otherwise required pursuant to the Platinum Triangle Plan (as defined in Section 4.6), applicable local, regional, state and federal law, including CEQA, and governmental approvals as conditions to development, (d) address the Parking Obligations, and (e) contain such other terms and conditions upon which the parties agree. As conditions precedent to Seller’s 's obligation to sell, and Buyer’s Xxxxx's obligation to buy, the Property, not later than the Inspection Deadline, DDA Approval shall have occurred. As used in this Agreement, “"DDA Approval” " shall be deemed to occur when (i) the DDA has been approved by Seller and has been adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s 's DDA Approval (including, but not limited to, any period for challenge under the California Environmental Quality Act (“"CEQA”")) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’splaintiffs/petitioner’s 's dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s 's DDA Approval without modification of the DDA, and (iv) all time periods for any petition for an initiative or referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the initiative and/or referendum has failed to pass.