Common use of EDA’s Contingencies Clause in Contracts

EDA’s Contingencies. The EDA’s obligation to close on the sale of the Development Property is expressly conditioned upon each of the following contingencies being satisfied or waived: (a) Developer shall have performed all of the obligations required to be performed by Developer under this Agreement as of the Closing Date; and (b) Developer shall have delivered to the EDA all of the Developer’s Documents described in Section 4.4(3); and (c) The EDA shall have approved the sale of the Development Property to the Developer after a public hearing and upon satisfaction of all other conditions required by State law; and (d) the EDA shall have executed the Third Party Purchase Agreement with respect to the portion of the Development Property described therein and conditions to closing set forth therein shall have satisfied; and (e) The Developer shall have submitted the Construction Plans to the EDA and the City, and the EDA and the City shall have approved the Construction Plans pursuant to Section 5.5 hereof; and (f) The City shall have approved a building permit for the construction of the Project; and (g) Developer shall have received or the EDA shall have determined that the Developer will receive all necessary rezoning, variances, conditional use permits and other permits, site plan and other approvals needed to permit the construction of the Project including without limitation any needed variances and final Plat or subdivision approval; and (h) Developer shall have obtained all necessary financing for development of the Project; and (i) The EDA shall have obtained final Plat approval or obtain the necessary subdivision approvals to create the Development Property as a separate legal parcel; and (j) The City shall have determined that the Project to be undertaken by the Developer on the Development Property is in conformance with this Agreement and the development objectives set forth in resolution of the City authorizing the Tax Abatement Program; and

EDA’s Contingencies. The EDA’s obligation to close on the sale of the Development EDA Property is expressly conditioned upon each of the following contingencies being satisfied or waived: (a) Developer shall have performed all of the obligations required to be performed by Developer under this Agreement as of the Closing Date; and; (b) Developer shall have delivered to the EDA all of the Developer’s Documents described in Section 4.4(34.5(3); and; (c) The City shall have approved the establishment of the TIF District after a public hearing and upon satisfaction of all other conditions required by the TIF Act and the assistance described in Section 3.2; (d) The EDA shall have approved the sale of the Development EDA Property to the Developer after a public hearing and upon satisfaction of all other conditions required by State law; and; (de) the The EDA shall have executed approved the Third Party Purchase assistance described in Section 3.2 and all other conditions required by law to implement the terms of this Agreement with respect to the portion of the Development Property described therein and conditions to closing set forth therein shall have been satisfied; and; (ef) The Developer shall have submitted the Construction Plans to the EDA and the City, and the EDA and the City shall have approved the Construction Plans pursuant to Section 5.5 3.6 hereof; and. (fg) The City shall have has approved a building permit for the construction of the Project; and; (gh) All the conditions set forth in the Parcel 2 Purchase Agreement shall have been satisfied and the parties thereto shall have closed on the sale and the Parcel 2 Seller shall have delivered title to the EDA Property to the EDA; (i) Developer shall have received or the EDA shall have determined that the Developer will receive all necessary rezoning, variances, conditional use permits and other permits, site plan and other approvals needed to permit the construction of the Project Project, including without limitation any needed variances and final Plat or subdivision plat approval; and (hj) Developer shall have obtained all necessary financing for development of the Project; and (i) The EDA shall have obtained final Plat approval or obtain the necessary subdivision approvals to create the Development Property as a separate legal parcel; and (j) The City shall have determined that the Project to be undertaken by the Developer on the Development Property is in conformance with this Agreement and the development objectives set forth in resolution of the City authorizing the Tax Abatement Program; and.

EDA’s Contingencies. The EDA’s obligation to close on the sale of the Development Property is expressly conditioned upon each of the following contingencies being satisfied or waived: (a) Developer shall have performed all of the obligations required to be performed by Developer under this Agreement as of the Closing Date; and; (b) Developer shall have delivered to the EDA all of the Developer’s Documents described in Section 4.4(34.5(3); and; (c) The City shall have approved the establishment of the TIF District as required by the TIF Act and the assistance described in Section 3.13; (d) The EDA shall have approved the sale of the Development Property to the Developer after a public hearing and upon satisfaction of all other conditions required by in accordance with State law; and; (de) the The EDA shall have executed approved the Third Party Purchase Agreement with respect to the portion of the Development Property assistance described therein and conditions to closing set forth therein shall have satisfied; andin Section 3.12; (ef) The Developer shall have submitted the Construction Plans to the EDA and the City, and the EDA and the City shall have approved the Construction Plans pursuant to Section 5.5 3.6 hereof; and. (fg) The City shall have has approved a building permit for the construction of the Project; and; (gh) The County shall have satisfied the conditions set forth in Section 4 of the Purchase Agreement between the County and the EDA, dated as of the date hereof, and shall have closed on the sale and delivered the Development Property to the EDA; (i) Developer shall have received or the EDA shall have determined that the Developer will receive all necessary rezoning, variances, conditional use permits and other permits, site plan and other approvals needed to permit the construction of the Project including without limitation any needed variances and final Plat or subdivision approvalvariances; and (hj) Developer shall have obtained all necessary financing for development of the ProjectProject [including final Plat approval]; and (ik) The EDA shall have City has obtained final Plat approval or obtain the necessary subdivision approvals an easement over property adjacent to create the Development Property as a separate legal parcel; and (j) The City shall have determined that to extend water and sewer trunk utilities to the Project to be undertaken by the Developer on property line of the Development Property is in conformance with this Agreement and the development objectives set forth in resolution of the City authorizing the Tax Abatement Program; andProperty.