Common use of Land Use Application and Land Use Approvals Clause in Contracts

Land Use Application and Land Use Approvals. Promptly following the expiration of the Feasibility Period, Purchaser shall submit to the County for the County’s approval, at Purchaser’s sole cost and expense, a rezoning application with Conceptual Development Plan (as defined by the Fairfax County Zoning Ordinance) and Final Development Plan (as defined by the Fairfax County Zoning Ordinance) and all related documents and applications, with shall be consistent with the Minimum Site Requirements (the “Land Use Application”). Prior to the submission thereof to the County, Purchaser shall be required to submit the Land Use Application to Seller for Seller’s review, comment and approval pursuant to the provisions of this Section 6(b). Upon Seller’s receipt of the Land Use Application, Seller shall have ten (10) business days (the “Application Review Period”) to review the Land Use Application; provided, however, Seller’s approval shall not be unreasonably withheld, conditioned or delayed if the Land Use Application complies with the Minimum Site Requirements. In the event that Seller provides comments to the Land Use Application prior to the expiration of the Application Review Period, Seller and Purchaser shall work together in good faith to address such comments so that the Land Use Application can be submitted to the County without undue delay. In the event Seller does not provide comments to the Land Use Application to Purchaser prior to the expiration of the Application Review Period, Seller shall be deemed to have approved the Land Use Application provided it complies with the Minimum Site Requirements, and Purchaser shall proceed with the filing of the Land Use Application pursuant to the provisions of this Section 6(b). Following Purchaser’s submission of the Land Use Application, Purchaser shall diligently prosecute the same in an attempt to obtain the Land Use Approvals (as hereinafter defined). Purchaser shall be deemed to have obtained the “Land Use Approvals” on the date when the Land Use Application is approved by all applicable governmental authorities, subject only to such proffers as are acceptable to Purchaser, in its sole discretion, and all applicable appeal periods have expired without an appeal having been filed or, if an appeal is filed, the entry of a final ruling upholding the Land Use Approvals and the expiration of all applicable appeal periods without an appeal of such ruling having been filed. Purchaser shall keep Seller reasonably informed regarding the status of the Land Use Application, and Purchaser shall promptly notify Seller in writing of the date when Land Use Approvals are obtained.

Land Use Application and Land Use Approvals. Promptly following the expiration of the Feasibility Period, Purchaser shall The Converge Contract requires Converge to submit to the County for the County’s approval, at PurchaserConverge’s sole cost and expense, a rezoning application with Conceptual Development Plan (as defined by the Fairfax County Zoning Ordinance) and Final Development Plan (as defined by the Fairfax County Zoning Ordinance) and all related documents and applications, with shall be consistent with the Minimum Site Requirements (the “Land Use Application”). Prior to the submission thereof to the County, the Converge Contract requires Converge to submit the Land Use Application to Purchaser for Purchaser’s review, comment and approval. Upon Purchaser’s receipt of the Land Use Application, Purchaser shall be required to submit the Land Use Application to Seller for Seller’s review, comment and approval pursuant to provided that so long as the provisions of this Section 6(b). Upon Seller’s receipt of New Virginia Tech Lease is not affected by the Land Use Application, Seller shall not have ten (10) business days (the “Application Review Period”) approval rights with respect to review the Land Use Application; provided, however, Seller’s approval shall not be unreasonably withheld, conditioned or delayed if the Land Use Application complies with the Minimum Site Requirements. In the event that Seller provides comments to the Land Use Application prior to the expiration of the Application Review Period, Seller Seller, Purchaser and Purchaser Converge shall work together in good faith to address such comments so that the Land Use Application can be submitted to the County without undue delay. In the event Seller does not provide comments to the Land Use Application to Purchaser prior to the expiration of the Application Review Period, Seller shall be deemed to have approved the Land Use Application provided it complies with the Minimum Site Requirements, and Purchaser shall proceed with the filing of the Land Use Application pursuant to the provisions of this Section 6(b). Following Purchaser’s submission of the Land Use Application, Purchaser shall diligently prosecute the same in an attempt to obtain the Land Use Approvals (as hereinafter defined). Purchaser Converge shall be deemed to have obtained the “Land Use Approvals” on the date when the Land Use Application is approved by all applicable governmental authorities, subject only to such proffers as are acceptable to PurchaserConverge, in its sole discretion, and all applicable appeal periods have expired without an appeal having been filed or, if an appeal is filed, the entry of a final ruling upholding the Land Use Approvals and the expiration of all applicable appeal periods without an appeal of such ruling having been filed. Purchaser shall keep Seller reasonably informed regarding the status of the Land Use Application, and Purchaser shall promptly notify Seller in writing of the date when the Land Use Approvals are obtained.

Land Use Application and Land Use Approvals. Promptly following the expiration of the Feasibility Period, Purchaser shall The Converge Contract requires Converge to submit to the County for the County’s approval, at PurchaserConverge’s sole cost and expense, a rezoning application with Conceptual Development Plan (as defined by the Fairfax County Zoning Ordinance) and Final Development Plan (as defined by the Fairfax County Zoning Ordinance) and all related documents and applications, with shall be consistent with the Minimum Site Requirements (the “Land Use Application”). Prior to the submission thereof to the County, the Converge Contract requires Converge to submit the Land Use Application to Purchaser for Purchaser’s review, comment and approval. Upon Purchaser’s receipt of the Land Use Application, Purchaser shall be required to submit the Land Use Application to Seller for Seller’s review, comment and approval pursuant to provided that so long as the provisions of this Section 6(b). Upon Seller’s receipt of New Virginia Tech Lease is not affected by the Land Use Application, Seller shall not have ten (10) business days (the “Application Review Period”) approval rights with respect to review the Land Use Application; provided, however, Seller’s approval shall not be unreasonably withheld, conditioned or delayed if the Land Use Application complies with the Minimum Site Requirements. In the event that Seller provides comments to the Land Use Application prior to the expiration of the Application Review Period, Seller Seller, Purchaser and Purchaser Converge shall work together in good faith to address such comments so that the Land Use Application can be submitted to the County without undue delay. In the event Seller does not provide comments to the Land Use Application to Purchaser prior to the expiration of the Application Review Period, Seller shall be deemed to have approved the Land Use Application provided it complies with the Minimum Site Requirements, and Purchaser shall proceed with the filing of the Land Use Application pursuant to the provisions of this Section 6(b). Following Purchaser’s submission of the Land Use Application, Purchaser shall diligently prosecute the same in an attempt to obtain the Land Use Approvals (as hereinafter defined). Purchaser Converge shall be deemed to have obtained the “Land Use Approvals” on the date when the Land Use Application is approved by all applicable governmental authorities, subject only to such proffers as are acceptable to PurchaserConverge, in its sole discretion, and all applicable appeal periods have expired without an appeal having been filed or, if an appeal is filed, the entry of a final ruling upholding the Land Use Approvals and the expiration of all applicable appeal periods without an appeal of such ruling having been filed. Purchaser shall keep Seller reasonably informed regarding the status of the Land Use Application, provide Seller with comments and/or feedback to the Land Use Application received from the County or any other applicable governmental organization (to the extent provided to Purchaser by Converge) and Purchaser shall promptly notify Seller in writing of the date when the Land Use Approvals are obtained.

Land Use Application and Land Use Approvals. Promptly following the expiration of the Feasibility Period, Purchaser shall submit to the County for the County’s approval, at Purchaser’s sole cost and expense, a rezoning application with Conceptual Development Plan (as defined by the Fairfax County Zoning Ordinance) and Final Development Plan (as defined by the Fairfax County Zoning Ordinance) and all related documents and applications, with shall be consistent with the Minimum Site Requirements (the “Land Use Application”). Prior to the submission thereof to the County, Purchaser shall be required to submit the Land Use Application to Seller for Seller’s review, comment and approval pursuant to the provisions of this Section 6(b). Upon Seller’s receipt of the Land Use Application, Seller shall have ten fifteen (1015) business days (the “Application Review Period”) to review the Land Use Application; provided, however, Seller’s approval shall not be unreasonably withheld, conditioned or delayed if the Land Use Application complies with the Minimum Site RequirementsRequirements and is otherwise consistent in all material respects with the Feasibility Period Plan Submission approved (or deemed approved) by Seller pursuant to the provisions of Section 4(d) of this Agreement, with respect to the height, bulk and location of the proposed improvements to be constructed on the {A1069472.DOCX / 1 PSA- City/Rushmark (CL) 007511 000063} Property, as well as the design and configuration of any roads to be constructed on the Property. In the event that Seller provides comments to the Land Use Application prior to the expiration of the Application Review Period, Seller and Purchaser shall work together in good faith to address such comments so that the Land Use Application can be submitted to the County without undue delay. In the event Seller does not provide comments to the Land Use Application to Purchaser prior to the expiration of the Application Review Period, Seller shall be deemed to have approved the Land Use Application provided it complies with the Minimum Site Requirements, and Purchaser shall proceed with the filing of the Land Use Application pursuant to the provisions of this Section 6(b). Following Purchaser’s submission of the Land Use Application, Purchaser shall diligently prosecute the same in an attempt to obtain the Land Use Approvals (as hereinafter defined). Purchaser shall be deemed to have obtained the “Land Use Approvals” on the date when the Land Use Application is approved by all applicable governmental authorities, subject only to such proffers as are acceptable to Purchaser, in its sole discretion, and all applicable appeal periods have expired without an appeal having been filed or, if an appeal is filed, the entry of a final ruling upholding the Land Use Approvals and the expiration of all applicable appeal periods without an appeal of such ruling having been filed. Purchaser shall keep Seller reasonably informed regarding the status of the Land Use Application, provide Seller with comments and/or feedback to the Land Use Application received from the County or any other applicable governmental organization, and Purchaser shall promptly notify Seller in writing of the date when Land Use Approvals are obtained.