Common use of Permits and Compliance with Laws Clause in Contracts

Permits and Compliance with Laws. The Transferor Partnership has not received written notice, and the Transferor Partnership has no actual knowledge, that (i) any approvals, consents, permits, licenses or certificates of occupancy (whether governmental or otherwise) required for the current use and operation of the Property have not been granted, effected, renewed or performed and completed (as the case may be) or have been or are about to be revoked; (ii) any fees and charges therefor have not been fully paid; (iii) the Property, including the current use and occupancy thereof, is in violation in any material respect of any laws or (iv) any governmental authority has a current plan, including without limitation, a condemnation, a widening change of grade or limitation on use of streets, a special assessment or a change in zoning classification, that would adversely affect the continued use and operation of the Property as currently used and operated except, in the case of clauses (i), (ii), (iii) and (iv) as would not have a Material Adverse Effect. To the Transferor Partnership's knowledge the Property and the current use thereof comply in all material respects with (a) all applicable laws and (b) all restrictive covenants and title encumbrances affecting the Property. The Transferor Partnership holds all material licenses, permits and authorizations required for the lawful use, operation and occupancy of the Property. The parties agree that all matters relating to compliance with Environmental Laws shall be covered by Section 5.21 and not by this Section 5.22.

Appears in 16 contracts

Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)

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Permits and Compliance with Laws. The Transferor Partnership Corporation has not received written notice, and the Transferor Partnership Corporation has no actual knowledge, that (i) any approvals, consents, permits, licenses or certificates of occupancy (whether governmental or otherwise) required for the current use and operation of the Property have not been granted, effected, renewed or performed and completed (as the case may be) or have been or are about to be revoked; (ii) any fees and charges therefor have not been fully paid; (iii) the Property, including the current use and occupancy thereof, is in violation in any material respect of any laws or (iv) any governmental authority has a current plan, including without limitation, a condemnation, a widening change of grade or limitation on use of streets, a special assessment or a change in zoning classification, that would adversely affect the continued use and operation of the Property as currently used and operated except, in the case of clauses (i), (ii), (iii) and (iv) as would not have a Material Adverse Effect. To the Transferor PartnershipCorporation's knowledge the Property and the current use thereof comply in all material respects with (a) all applicable laws and (b) all restrictive covenants and title encumbrances affecting the Property. The Transferor Partnership Corporation holds all material licenses, permits and authorizations required for the lawful use, operation and occupancy of the Property. The parties agree that all matters relating to compliance with Environmental Laws shall be covered by Section 5.21 and not by this Section 5.22.

Appears in 1 contract

Samples: Contribution Agreement (Berkshire Realty Co Inc /De)

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Permits and Compliance with Laws. The Transferor Partnership has not received written notice, and the Transferor Partnership has no actual knowledge, that that (i) any approvals, consents, permits, licenses or certificates of occupancy (whether governmental or otherwise) required for the current use and operation of the Property have not been granted, effected, renewed or performed and completed (as the case may be) or have been or are about to be revoked; (ii) any fees and charges therefor have not been fully paid; (iii) the Property, including the current use and occupancy thereof, is in violation in any material respect of any laws or (iv) any governmental authority has a current plan, including without limitation, a condemnation, a widening change of grade or limitation on use of streets, a special assessment or a change in zoning classification, that would adversely affect the continued use and operation of the Property as currently used and operated except, in the case of clauses (i), (ii), (iii) and (iv) as would not have a Material Adverse Effect. To the Transferor Partnership's knowledge the Property and the current use thereof comply in all material respects with (a) all applicable laws and (b) all restrictive covenants and title encumbrances affecting the Property. The Transferor Partnership holds all material licenses, permits and authorizations required for the lawful use, operation and occupancy of the Property. The parties agree that all matters relating to compliance with Environmental Laws shall be covered by Section 5.21 and not by this Section 5.22.

Appears in 1 contract

Samples: Contribution Agreement (Berkshire Realty Co Inc /De)

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