Common use of Permit Applications Clause in Contracts

Permit Applications. To the extent Tenant requires governmental permits or approvals beyond those required by the Option Agreement prior to the Commencement Date of this Agreement, the following provisions shall apply: Subject to the requirements of ARTICLE 7, Tenant shall have the right, at Tenant's sole cost and expense, to commence and prosecute any proceedings necessary to cause the issuance of any master use, conditional use, grade and fill, building and any other governmental permits or approvals desired by Tenant in connection with the development of the Project or Tenant's Operations. The Port agrees to execute such documents as Tenant may reasonably request in such regard and for such purpose and the Port further agrees to support and otherwise fully cooperate with such action commenced by Tenant; provided, however, that except as otherwise provided in this Agreement, or provided in or consistent with the Development Agreement: (i) the Port shall not be required to incur any expense in doing so, (ii) Tenant shall exercise commercially reasonable efforts (not including variances or other processes for deviations from normal code requirements) to cause any such document to be so worded or submitted as to leave the Port and the Property and all other Port property without residual liabilities, obligations or encumbrances should Tenant fail to proceed with this Agreement, (iii) no action affecting the Property or any other Port Property shall be finalized and no document referencing the Property or any other Port property shall be recorded without the Port's express written consent to such finality or recording, which shall not be unreasonably withheld, conditioned, or delayed (and, unless otherwise indicated, the Port's execution of an application or petition shall not constitute the Port's consent to finalization of the action requested in such application or petition or to recording of any document), and (iv) the terms of such permits and any associated agreements are subject to the approval of the Port to the extent that the terms thereof would bind the Port following expiration or termination of this Agreement, which such approval shall not be withheld with respect to routine development restrictions and covenants that would run with the land developed for a project like the Project (e.g., slope setback and non-disturbance provisions, rights to make cuts and fills for roads, etc.) or restrictions and covenants otherwise required or customary for issuance of the requested approvals (e.g., provisions applicable to decommissioning facilities used in the management of Hazardous Substances), and (v) such documents shall provide that the Port shall have no liability during the Term for any costs or other liabilities related solely to such permits or agreements, provided that this Section shall not limit the Port’s obligations under the Development Agreement, applicable law or set forth elsewhere in this Agreement.

Permit Applications. To the extent Tenant requires governmental permits or approvals beyond those required by the Option Agreement prior to the Commencement Date of this Agreementapprovals, the following provisions shall apply: Subject to the requirements of ARTICLE Article 7, Tenant shall have the right, at Tenant's ’s sole cost and expense, to commence and prosecute any proceedings necessary to cause the issuance of any master usedevelopment approvals, conditional use, grade and fill, building and any other governmental permits or approvals desired by Tenant in connection with the development of the Project or Tenant's Tenant Operations. At least twenty (20) business days prior to Xxxxxx’s submittal of the Master Plan application to the City, Tenant shall seek the Port’s review and approval of said submittal, which approval shall not be unreasonably withheld, conditioned, or delayed. The Port agrees to execute an authorization letter pursuant to Section 7.1.1 of this Agreement, and such other documents as Tenant may reasonably request in such regard and for such purpose and the Port further agrees to support and otherwise fully cooperate with such action commenced by TenantXxxxxx; providedprovided that, however, that except as otherwise provided in this Agreement, or provided in or consistent with the Development Agreementso cooperating: (i) the Port shall not be required to incur any expense (including any cost for outside counsel or third party consultants, unless the Port elects to engage such outside counsel or third party consultants) in doing so, ; (ii) Tenant shall exercise commercially reasonable efforts (not including variances or other processes for deviations from normal code requirements) to cause any such document to be so worded or submitted as to leave the Port and the Property and all other Port property without residual liabilities, obligations or encumbrances should Tenant fail to proceed with this Agreement, ; (iii) no action affecting the Property or any other Port Property property shall be finalized and no document referencing the Property or any other Port property shall be recorded without the Port's ’s express written consent to such finality or recording, which shall not be unreasonably withheld, conditioned, or delayed (and, unless otherwise indicated, the Port's ’s execution of an application or petition shall not constitute the Port's ’s consent to finalization of the action requested in such application or petition or to recording of any document); provided, and (iv) however, the terms of such permits and any associated agreements are subject to the approval of the Port Port’s consent shall not be required to the extent that the terms thereof would bind the Port following expiration any such action or termination of this Agreement, which such approval shall not be withheld with respect document only pertains to routine development restrictions and covenants that would run with the land developed for a project like the Project (e.g., slope setback and non-disturbance provisions, rights to make cuts and fills for roads, etc.) or restrictions and covenants otherwise required or customary for issuance of the requested approvals (e.g., provisions applicable to decommissioning facilities used Xxxxxx’s leasehold interest in the management of Hazardous Substances), and (v) such documents shall provide that the Port shall have no liability during the Term for any costs or other liabilities related solely to such permits or agreements, provided that this Section shall not limit the Port’s obligations under the Development Agreement, applicable law or set forth elsewhere in this Agreement.Premises;

Permit Applications. To the extent Tenant requires governmental permits or approvals beyond those required by the Option Agreement prior to the Commencement Date of this Agreement, the following provisions shall apply: Subject to the requirements of ARTICLE 7, Tenant shall have the right, at Tenant's Texxxx'x sole cost and expense, to commence and prosecute any proceedings necessary to cause the issuance Issuance of any master use, conditional use, grade and fill, building and any other governmental permits or approvals desired by Tenant in connection with the development of the Project or Tenant's Operations. The Port agrees to execute such documents as Tenant may reasonably request in such regard and for such purpose and the Port further agrees to support and otherwise fully cooperate with such action commenced by Tenant; provided, however, that except as otherwise provided in this Agreement, or provided in or consistent with the Development Agreement: (i) the Port shall not be required to incur any expense in doing so, (ii) Tenant shall exercise commercially reasonable efforts (not including variances or other processes for deviations from normal code requirements) to cause any such document to be so worded or submitted as to leave the Port and the Property and all other Port property without residual liabilities, obligations or encumbrances should Tenant fail to proceed with this Agreement, (iii) no action affecting the Property or any other Port Property shall be finalized and no document referencing the Property or any other Port property shall be recorded without the Port's express written consent to such finality or recording, which shall not be unreasonably withheld, conditioned, or delayed (and, unless otherwise indicated, the Port's execution of an application or petition shall not constitute the Port's consent to finalization of the action requested in such application or petition or to recording of any document), and (iv) the terms of such permits and any associated agreements are subject to the approval of the Port to the extent that the terms thereof would bind the Port following expiration or termination of this Agreement, which such approval shall not be withheld with respect to routine development restrictions and covenants that would run with the land developed for a project like the Project (e.g., slope setback and non-disturbance provisions, rights to make cuts and fills for roads, etc.) or restrictions and covenants otherwise required or customary for issuance Issuance of the requested approvals (e.g., provisions applicable to decommissioning facilities used in the management of Hazardous Substanceshazardous wastes), and (v) such documents shall provide that the Port shall have no liability during the Term for any costs or other liabilities related solely to such permits or agreements, provided that this Section shall not limit the Port’s obligations under the Development Agreement, applicable law or set forth elsewhere in this Agreement.