Development Contingency. (strike one) Buyer / Seller obtaining all requisite approvals from any governing body having jurisdiction for the construction/development of the Property as . (strike one) Buyer / Seller is to have until , 20 to obtain approval in final, non-appealable form, upon conditions reasonably acceptable to the Buyer. □ (b) Subdivision Contingency. (strike one) Buyer / Seller obtaining all requisite approvals from any governing body having jurisdiction for subdivision approval of the Property. (strike one) Buyer / Seller must make an application for subdivision approval by , 20 _ and the Parties agree to use commercially reasonable efforts to diligently pursue the application. The final approval, upon conditions reasonable acceptable to the Buyer, shall be obtained on or before , 20 .
Development Contingency. This Contract is contingent upon (strike one) Buyer / Seller obtaining all requisite approvals from any 58 governing body having jurisdiction for the construction/development of the Property as . 59 (strike one) Buyer / Seller is to have until , 20 to obtain approval in final, non-appealable form, upon conditions 60 reasonably acceptable to the Parties.
Development Contingency. Lessor understands that Lessee’s construction of the Charging Stations is contingent upon award of funding pursuant to application to New Mexico Environment Department in respect of the Volkswagen Mitigation Trust Funding. Lessor understands that the results of any such application may not be resolved until January 1, 2021.
Development Contingency. Notwithstanding any other provision of this Agreement to the contrary, no Development Contingency that arises directly or indirectly out of (a) the execution, delivery, and performance of this Agreement by the Company or its Affiliates or the consummation by the Company or its Affiliates of the Merger or any other Transactions, (b) any action taken by Parent, Merger Sub or their respective Affiliates, (c) any action taken by the Company at the written request of Parent or Merger Sub, or (d) any action required to be taken by the Company or its Affiliates or necessary in order to satisfy their obligations, or cause other parties to perform their obligations, under the Headquarters Lease or the Development Documents, shall constitute a Company Material Adverse Effect, a breach of any of the representations, warranties, or covenants of the Company under this Agreement, or the failure of any condition to the obligations of each of Parent and Merger Sub to effect the Merger under this Agreement, except, in each case, to the extent such breach, failure, or Company Material Adverse Effect arises out of a (i) failure by the Company to provide true and correct copies of the Development Documents to Parent, (ii) a breach by the Company of any of the representations, warranties or covenants set forth in this Agreement, or (iii) a breach by the Company or its Affiliates of the terms of the Headquarters Lease or Development Documents.
Development Contingency. This Contract is contingent upon (strike one) Buyer / Seller obtaining all requisite approvals from any 59 governing body having jurisdiction for the construction/development of the Property as . 60 (strike one) Buyer / Seller is to have until , 20 to obtain approval in final, non-appealable form, upon conditions 61 reasonably acceptable to the Parties. Buyer Initials: 3 of 4 Buyer Initials: Seller Initials: Seller Initials: 62 □ (B) Subdivision Contingency. This Contract is contingent upon (strike one) Buyer / Seller obtaining all requisite approvals from any 63 governing body having jurisdiction for subdivision approval of the Property. (strike one) Buyer/Seller must make an application for 64 subdivision approval by , 20 and the Parties agree to use commercially reasonable efforts to diligently pursue the 65 application. The final approval, upon conditions reasonable1 aofcc4eptable to the Parties, shall be obtained on or before , 20 .
