Final Rezoning Sample Clauses

Final Rezoning. The final rezoning (as hereafter defined) of the Property to permit Buyer’s Intended Use. Buyer agrees to file for such rezoning prior to the expiration of the Inspection Period. All costs of such rezoning shall be borne by Buyer, but Seller agrees to cooperate with Buyer, at no cost or expense to Seller, in obtaining such rezoning. Without limiting the foregoing, Seller agrees to execute any documents, forms, or applications requested by Buyer in order for Buyer to obtain the rezoning of the Property and, if requested to do so, Seller shall appear at any meetings or hearings related to the rezoning of the Property and shall support Buyer’s application for the rezoning of the Property without charge to Buyer. Prior to filing any application for the rezoning, Buyer shall submit to Seller, for its review and approval, such application, together with copies of all plats, site plans and other supporting documentation filed in support thereof. Seller shall have five (5) business days after receipt of same to approve or disapprove Buyer’s rezoning application, and if Seller fails to respond in the five (5) business day period, Buyer’s submission shall be deemed approved by Seller. Throughout the rezoning process Buyer shall promptly provide Seller with copies of all materials received or sent by or on behalf of Buyer in connection with the rezoning, and shall keep Seller advised as to the status of the rezoning. Any consent or approval on the part of the Seller required in this Section 6.01(c) shall not be unreasonably withheld, delayed or conditioned. The rezoning of the Property shall be deemed to be “final” at such time as Buyer’s rezoning application has been granted without any change or condition which is unacceptable to Buyer and any appeal periods have expired with no appeal having been filed, or if filed, rejected or terminated finally and conclusively in favor of the Buyer’s rezoning application without any change or condition which is unacceptable to Buyer (the “Final Rezoning”). If all governmental authorities whose approval is necessary to rezone the Property for the Intended Use (herein called the “Authorities”) approve the application for rezoning the Property to permit the construction and operation of the Intended Use on the Property, but a lawsuit or other proceeding is brought seeking to appeal or invalidate such rezoning, then Buyer may defend such lawsuit. If the Authorities do not approve the application for rezoning of the Property or appr...
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Related to Final Rezoning

  • Real Estate Taxes and Special Assessments The 2022 calendar year real estate taxes due and payable in 2023 shall be paid by Seller. Seller shall credit Buyer(s) at closing for said 2022 real estate taxes payable in 2023 based on the most recent ascertainable tax figures. ▇▇▇▇▇ is responsible for all subsequent real estate taxes.

  • Environmental Assessment and Mitigation Development of a transportation project must comply with applicable environmental laws. The party named in article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem’s mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained.

  • School Improvement The parties do hereby mutually agree that the school improvement process currently in effect will continue. Any plan developed by the committees shall not be in conflict with the master agreement or board policy.

  • Periodic Review of Costs of Environmental Compliance In the ordinary course of its business, the Company conducts a periodic review of the effect of Environmental Laws on the business, operations and properties of the Company and its subsidiaries, in the course of which it identifies and evaluates associated costs and liabilities (including, without limitation, any capital or operating expenditures required for clean-up, closure of properties or compliance with Environmental Laws or any permit, license or approval, any related constraints on operating activities and any potential liabilities to third parties). On the basis of such review and the amount of its established reserves, the Company has reasonably concluded that such associated costs and liabilities would not, individually or in the aggregate, result in a Material Adverse Change.

  • Environmental Assessment Buyer shall have the right for a period commencing upon execution of this Agreement by both parties and ending on November 28, 2012, to conduct an environmental assessment of the Assets, at Buyer’s sole risk, liability and expense. Seller shall make available to Buyer, during the environmental assessment period described above, Seller’s historical files regarding prior operations on the Assets, and provide Buyer and its representatives with reasonable access to the Assets to conduct the environmental assessment. Buyer shall provide Seller three (3) days prior written notice of a desired date(s) for such assessment and Seller shall have the right to be present during any assessment and, if any testing is conducted pursuant to Seller’s express prior written consent, Seller may require splitting of all samples. Notwithstanding any other provision of this Agreement to the contrary, Buyer shall not have the right to drill any test, monitor or other ▇▇▇▇▇ or to extract samples of any air, soil, water or other substance from the Assets without Seller’s express prior written consent. If Buyer proposes a reasonable request to drill a test well or extract a sample pursuant to a systematic and customary procedure for the assessment of the environmental condition of the Assets and Seller refuses to grant its consent to such a well or sampling, then Buyer shall have the right, for a period of seventy-two (72) hours following notification of Seller’s refusal to consent, to deliver written notice to Seller of Buyer’s election to exclude from this transaction the portion of the Assets affected by such proposed test well or sample, and the Purchase Price shall be adjusted accordingly by the Allocated Value of such portion of the Assets so excluded. Under no circumstances whatsoever shall Seller ever be obligated to grant its consent to any such test ▇▇▇▇▇ or sampling proposed by Buyer, and Buyer’s sole and exclusive remedy for any refusal by Seller to grant its consent shall be the limited right contained in the preceding sentence to exclude the affected Assets from the transactions contemplated by this Agreement. If Buyer fails to exercise the right to exclude such Assets by written notice to Seller delivered prior to the expiration of the seventy-two hour period described above, then Buyer shall be conclusively deemed to have waived such right and shall be obligated to purchase the affected Assets without conducting such testing or sampling or any adjustment of the Purchase Price unless otherwise provided in this Agreement.