Common use of Entitlement Costs Clause in Contracts

Entitlement Costs. If any discretionary approval, permit or entitlement, including, without limitation, environmental analysis under CEQA or the National Environmental Policy Act, the PMP, a Port Master Plan Amendment (“PMPA”), stormwater permits, a CDP and/or a Coastal Act exclusion (collectively, “Discretionary Entitlement”), are necessary, in Port District’s sole and absolute determination, in connection with any Improvements or Alterations, demolition work, remediation work or other projects undertaken by Developer on or at the Project Site or the Improvements (each of the foregoing for which a Discretionary Entitlement is required, the “Discretionary Project”), then Developer shall enter into agreements, consistent with the Port District’s applicable standard practices at that time (if any), with third-party experts, professionals and consultants to prepare reports and other materials (“Consultant Services”) that are required to process the Discretionary Project and for the Port District or any other relevant Governmental Authority to consider the Discretionary Entitlement or Discretionary Project. Developer shall be directly responsible for the costs of the Consultant Services. Developer shall reimburse Port District pursuant to the Reimbursement Procedure for all reasonable costs and expenses incurred by Port District in connection with preparing, processing, considering and approving any Discretionary Project, any Discretionary Entitlement or any appeal of any CDP or Coastal Act exclusion to the CCC. If Developer fails to reimburse Port District for such costs or expenses pursuant to the Reimbursement Procedure, then, in addition to any other remedies that Port District may have, following three (3) Business Days’ prior written notice to Developer, Port District may, at its reasonable discretion, discontinue the preparing, processing, considering or approving of such Discretionary Project, Discretionary Entitlement or such appeal of a CDP or Coastal Act exclusion to the CCC, as applicable, until Developer reimburses Port District, and Developer shall be responsible for any costs and expenses incurred by Port District related to such discontinuance and if such failure continues for seven (7) additional Business Days after written notice from Port District to Developer, then such failure shall be an Event of Default. Nothing herein shall obligate Port District to seek, process or obtain any Discretionary Entitlement or any other third-party Governmental Authority approval for a Discretionary Project for the benefit of Developer, and Port District makes no warranty or representation to Developer that Developer will obtain any Discretionary Entitlement or ministerial approval. Port District shall not be required to pay any Governmental Authority fees or costs and expenses for any Consultant Services associated with any Discretionary Entitlement or any other third-party Governmental Authority approval for a Discretionary Project. If Developer requests Port District’s assistance in obtaining from any third-party Governmental Authority any licenses, approvals, notifications, registrations or permits in connection with development, use and operation of the Project Site and the Improvements, including the construction of the Initial Project Improvements, Port District will consider Developer’s request and inform Developer within thirty (30) days whether it will agree to reasonably assist Developer.

Entitlement Costs. If any discretionary approval, permit or entitlement, including, without limitation, environmental analysis under CEQA or the National Environmental Policy Act, the PMP, a Port Master Plan Amendment (“PMPA”), stormwater permits, a CDP and/or a Coastal Act exclusion (collectively, “Discretionary Entitlement”), are necessary, in Port District’s Landlord's sole and absolute determination, in connection with any Improvements or Alterations, demolition work, remediation work or other projects undertaken by Developer Tenant on or at the Project Site Premises or the Improvements (each of the foregoing for which a Discretionary Entitlement is requiredeach, the “Discretionary Project”), then Developer Tenant shall enter into agreements, consistent with the Port DistrictLandlord’s applicable standard practices at that time (if any), with third-party experts, professionals and consultants to prepare reports and other materials (“"Consultant Services”") that are required to process the Discretionary Project and for the Port District Landlord or any other relevant Governmental Authority to consider the Discretionary Entitlement or Discretionary Project. Developer Tenant shall be directly responsible for the costs of the Consultant Services. Developer Tenant shall reimburse Port District Landlord pursuant to the Reimbursement Procedure for all reasonable costs and expenses incurred by Port District Landlord in connection with preparing, processing, considering and approving any Discretionary Project, any Discretionary Entitlement or any appeal of any CDP or Coastal Act exclusion to the CCC. If Developer Tenant fails to reimburse Port District Landlord for such costs or expenses pursuant to the Reimbursement Procedure, then, in addition to any other remedies that Port District Landlord may have, following three (3) Business Days’ prior written notice to DeveloperTenant, Port District Landlord may, at its reasonable discretion, discontinue the preparing, processing, considering or approving of such Discretionary Project, Discretionary Entitlement or such appeal of a CDP or Coastal Act exclusion to the CCC, as applicable, until Developer Tenant reimburses Port DistrictLandlord, and Developer Tenant shall be responsible for any costs and expenses incurred by Port District Landlord related to such discontinuance as Additional Rent and if such failure continues for seven (7) additional Business Days after written notice from Port District to Developer, then such failure shall be an Event of Default. Nothing herein shall obligate Port District Landlord to seek, process or obtain any Discretionary Entitlement or any other third-party Governmental Authority approval for a Discretionary Project for the benefit of DeveloperTenant, and Port District Landlord makes no warranty or representation to Developer Tenant that Developer Tenant will obtain any Discretionary Entitlement or ministerial approval. Port District Landlord shall not be required to pay any Governmental Authority fees or costs and expenses for any Consultant Services associated with any Discretionary Entitlement or any other third-party Governmental Authority approval for a Discretionary Project. If Developer Tenant requests Port DistrictXxxxxxxx’s assistance in obtaining from any third-third- party Governmental Authority any licenses, approvals, notifications, registrations or permits in connection with development, use and operation of the Project Site Premises and the Improvements, including the construction of the Initial Project ImprovementsImprovements (“Permitting Assistance”), Port District Landlord will consider DeveloperXxxxxx’s request and inform Developer Tenant within thirty (30) days whether it will agree to reasonably assist DeveloperTenant.

Entitlement Costs. If any discretionary approval, permit or entitlement, including, without limitation, environmental analysis under CEQA or the National Environmental Policy Act, the PMP, a Port Master Plan Amendment (“PMPA”), stormwater permits, a CDP and/or a Coastal Act exclusion (collectively, “Discretionary Entitlement”), are necessary, in Port DistrictLandlord’s sole and absolute determination, in connection with any Improvements or Alterations, demolition work, remediation work or other projects undertaken by Developer Tenant on or at the Project Site Premises or the Improvements (each of the foregoing for which a Discretionary Entitlement is required, the “Discretionary Project”), then Developer Tenant shall enter into agreements, consistent with the Port DistrictLandlord’s applicable standard practices at that time (if any), with third-party experts, professionals and consultants to prepare reports and other materials (“Consultant Services”) that are required to process the Discretionary Project and for the Port District Landlord or any other relevant Governmental Authority to consider the Discretionary Entitlement or Discretionary Project. Developer Tenant shall be directly responsible for the costs of the Consultant Services. Developer Tenant shall reimburse Port District Landlord pursuant to the Reimbursement Procedure for all reasonable costs and expenses incurred by Port District Landlord in connection with preparing, processing, considering and approving any Discretionary Project, any Discretionary Entitlement or any appeal of any CDP or Coastal Act exclusion to the CCC. If Developer Xxxxxx fails to reimburse Port District Landlord for such costs or expenses pursuant to the Reimbursement Procedure, then, in addition to any other remedies that Port District Landlord may have, following three (3) Business Days’ prior written notice to DeveloperTenant, Port District Landlord may, at its reasonable discretion, discontinue the preparing, processing, considering or approving of such Discretionary Project, Discretionary Entitlement or such appeal of a CDP or Coastal Act exclusion to the CCC, as applicable, until Developer Tenant reimburses Port DistrictLandlord, and Developer Tenant shall be responsible for any costs and expenses incurred by Port District Landlord related to such discontinuance as supplemental Rent and if such failure continues for seven (7) additional Business Days after written notice from Port District Landlord to DeveloperTenant, then such failure shall be an Event of Default. Nothing herein shall obligate Port District Landlord to seek, process or obtain any Discretionary Entitlement or any other third-party Governmental Authority approval for a Discretionary Project for the benefit of DeveloperTenant, and Port District Landlord makes no warranty or representation to Developer Tenant that Developer Tenant will obtain any Discretionary Entitlement or ministerial approval. Port District Landlord shall not be required to pay any Governmental Authority fees or costs and expenses for any Consultant Services associated with any Discretionary Entitlement or any other third-party Governmental Authority approval for a Discretionary Project. If Developer Tenant requests Port DistrictXxxxxxxx’s assistance in obtaining from any third-party Governmental Authority any licenses, approvals, notifications, registrations or permits in connection with development, use and operation of the Project Site Premises and the Improvements, including the construction of the Tenant’s Initial Project Improvements, Port District Landlord will consider DeveloperXxxxxx’s request and inform Developer Tenant within thirty (30) days whether it will agree to reasonably assist DeveloperTenant.