Common use of Permit and Approvals Clause in Contracts

Permit and Approvals. (a) The Developer represents that it shall use its best efforts to obtain, prior to the date of Physical Completion (as hereinafter defined), all state, federal, county and municipal land use approvals and permits, licenses, easements, and utility agreements which are necessary for the development, construction and opening of the Project on the Property as set forth on Exhibit "E" (the "Developer's Approvals"). The Developer covenants to diligently use its best efforts to obtain all of the Developer's Approvals in an expeditious manner. In the event that the Developer is unable to obtain the Developer's Approvals, the Developer shall have no liability whatsoever to the Owner, or any other party and at the Owner's or the Developer's option, this Agreement shall be terminated without recourse to either party hereto at law or in equity. (b) The Owner represents that it shall use its best efforts to obtain, prior to the date of Physical Completion, all state, federal, county and municipal land use approvals and permits, licenses, easements, and utility agreements which are necessary for the development, construction and operation of the Project on the Property as set forth on Exhibit "F" (the "Owner's Approvals"). The Owner covenants to diligently use its best efforts to obtain all of the Owner's Approvals in an expeditious manner. In the event that the Owner is unable to obtain the Owner's Approvals, the Owner shall have no liability whatsoever to the Developer, or any other party and at the Owner's or the Developer's option, this Agreement shall be terminated without recourse to either party hereto at law or in equity. (c) For the sole purpose of permitting the Developer to construct the Project, the Owner grants to the Developer, to the extent required by the Developer in order that the purpose of this Agreement be effectuated, the rights under the Developer's Approvals and the Owner's Approvals (collectively, the "Approvals") and any other grants of rights, permits, approvals, or licenses, which may be necessary to complete the performance of the Developer's obligations hereunder; provided, however that no transfer or assignment of any of the foregoing shall occur which is prohibited by applicable law or the respective terms hereof.

Permit and Approvals. (a) The Developer represents that it shall use its best efforts to obtain, prior to the date of Physical Completion the Closing (as hereinafter defineddefined in Article III hereof), all state, federal, county and municipal land use approvals and permits, licenses, easements, and utility agreements which are necessary for the development, construction and opening of the Project on the Property as set forth on Exhibit "E" (the "Developer's Approvals"). The Developer covenants to diligently use its best efforts to obtain all of the Developer's Approvals in an expeditious manner. In the event that the Developer is unable to obtain the Developer's Approvals, the Developer shall have no liability whatsoever to the Owner, or any other party and at the Owner's or the Developer's option, this Agreement shall be terminated without recourse to either party hereto at law or in equity. (b) The Owner represents that it shall use its best efforts to obtain, prior to the date of Physical Completionthe Closing (as defined in Article III hereof), all state, federal, county and municipal land use approvals and permits, licenses, easements, and utility agreements which are necessary for the development, construction and operation of the Project on the Property as set forth on Exhibit "F" (the "Owner's Approvals"). The Owner covenants to diligently use its best efforts to obtain all of the Owner's Approvals in an expeditious manner. In the event that the Owner is unable to obtain the Owner's Approvals, the Owner shall have no liability whatsoever to the Developer, or any other party and at the Owner's or the Developer's option, this Agreement shall be terminated without recourse to either party hereto at law or in equity. (c) For the sole purpose of permitting the Developer to construct the Project, the Owner grants to the Developer, to the extent required by the Developer in order that the purpose of this Agreement be effectuated, the rights under the Developer's Approvals and the Owner's Approvals (collectively, the "Approvals") and any other grants of rights, permits, approvals, or licenses, which may be necessary to complete the performance of the Developer's obligations hereunder; provided, however that no transfer or assignment of any of the foregoing shall occur which is prohibited by applicable law or the respective terms hereof.

Permit and Approvals. (a) The Developer represents that it shall use its best efforts to obtain, prior to the date of Physical Completion the Closing (as hereinafter defineddefined in Article III hereof), all state, federal, county and municipal land use approvals and permits, licenses, easements, and utility agreements which are necessary for the development, construction and opening of the Project on the Property as set forth on Exhibit "E" (the "Developer's Approvals"). The Developer covenants to diligently use its best efforts to obtain all of the Developer's Approvals in an expeditious manner. In the event that the Developer is unable to obtain the Developer's Approvals, the Developer shall have no liability whatsoever to the Owner, or any other party and at the Owner's or the Developer's option, this Agreement shall be terminated without recourse to either party hereto at law or in equity. (b) The Owner represents that it shall use its best efforts to obtain, prior to the date of Physical Completionthe Closing (as defined in Article III hereof), all state, federal, county and municipal land use approvals and permits, licenses, easements, and utility agreements which are necessary for the development, construction and operation of the Project on the Property as set forth on Exhibit "F" (the "Owner's Approvals"). The Owner covenants to diligently use its best efforts to obtain all of the Owner's Approvals in an expeditious manner. In the event that the Owner is unable to obtain the Owner's Approvals, the Owner shall have no liability whatsoever to the Developer, or any other party and at the Owner's or the Developer's option, this Agreement shall be terminated without recourse to either party hereto at law or in equity. (c) For the sole purpose of permitting the Developer to construct the Project, the Owner grants to the Developer, to the extent required by the Developer in order that the purpose of this Agreement be effectuated, the rights under the Developer's Approvals and the Owner's Approvals (collectively, the "Approvals") and any other grants of rights, permits, approvals, or licenses, which may be necessary to complete the performance of the Developer's obligations hereunder; provided, however that no transfer or assignment of any of the foregoing shall occur which is prohibited by applicable law or the respective terms hereof.