Permitting Contingency Sample Clauses

A Permitting Contingency clause allows a party to make their obligations under a contract dependent on obtaining necessary permits or approvals from relevant authorities. In practice, this means that if the required permits are not secured within a specified timeframe, the party may be released from performing certain contractual duties or may have the right to terminate the agreement without penalty. This clause is essential for managing risk in projects that require governmental or regulatory approval, ensuring that parties are not bound to proceed if legal permissions cannot be obtained.
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Permitting Contingency. The lease of the Expansion Premises, the obligation of Landlord to perform the Expansion Work and the Expansion Amendment shall be subject to the condition that Landlord obtains all necessary building and other permits and governmental approvals, including, but not limited to, site plan approval, special permits, variances, conservation commission approvals and a building permit (collectively, the “Permits and Approvals”) required to construct and operate the Expansion Premises (the “Permit Contingency”). After the execution of the Expansion Amendment, Landlord agrees to promptly apply for, and diligently pursue, such Permits and Approvals for the Expansion Premises. To the extent Landlord determines that it will be unable through the exercise of reasonable efforts to obtain the Permits and Approvals within nine (9) months after the date of the Expansion Amendment, it shall have the right to terminate the Expansion Amendment upon written notice to Tenant delivered not later than the expiration of such 9-month period, and upon timely delivery of such notice, the Expansion Amendment shall be of no further force and effect, but Tenant shall have the rights set forth in Section 10.3 below to the extent applicable. The failure of Landlord to obtain such Permits and Approvals for the Expansion Premises shall not be deemed a default by Landlord, permit a termination of this Lease by Tenant (except to the limited extent set forth in Section 10.3 below) or otherwise entitle Tenant to any rights or remedies under this Lease.
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Permitting Contingency. Buyer shall have obtained from the Town of ▇▇▇▇▇▇▇▇ Zoning Board of Appeals, the Randolph Board of Health, and any other governmental body having jurisdiction amendments of the existing special permits or new special permits for each of the Property and the Leased Premises, permits for the use of recombinant DNA, and such other permits as are required by the Town of ▇▇▇▇▇▇▇▇ to permit the use of the Property and the Leased Premises for Buyer's intended biotechnology research, manufacturing, office and storage activities, on terms and conditions satisfactory to Buyer in its sole discretion, and all appeal periods therefrom shall have expired without appeal having been taken ("Permitting Contingency"). Buyer agrees to use diligent efforts to pursue such relief, including the timely filing of applications, and attendance at all hearings related thereto. Seller hereby agrees to cooperate in such proceedings, and to attend such hearings in support of Buyer's requested relief. Buyer shall furnish Seller with copies of its applications and other filings, and shall keep Seller advised as to the progress of such proceedings.
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Permitting Contingency. BHM shall bear all of the costs and expenses of obtaining the final and unappealable permits and approvals from all governmental authorities with jurisdiction over the Project including, but not limited to: subdivision approval for the Marina Lot, local COA Level I approval, State of Vermont Water and Wastewater Permit, State Stormwater Permit or Amendment (if required), State Lake Encroachment Permit, US Army Corps of Engineers General Permit; for the construction and use of the Marina (“Permits and Approvals”). BHM shall compensate the City for any reasonable design, permit and construction costs incurred by the City relative to improvements to the Project (including any necessary off-site improvements) provided that the costs are approved by BHM in advance, which approval shall not be unreasonably withheld. Subject to Marina compliance with the terms of this Development Agreement and being consistent with the terms and conditions thereof, the City shall cooperate with of BHM’s efforts in obtaining the Permits and Approvals. The Parties’ obligations under this Agreement shall be subject to BHM obtaining the Permits and Approvals consistent with this agreement or on terms otherwise satisfactory to the Parties by December 31, 2017, subject to extension by mutual agreement (the “Permit Contingency Period”). The Permitting Contingency shall be deemed satisfied upon submission by BHM of a stamped engineers affidavit evidencing all permits necessary to commence construction of the Project have been obtained. The City shall allow any previously permitted parking spaces for fishing pier and Water Department lost as a result of the Project to be relocated. The City shall assist BHM in showing the State of Vermont permitting authorities that there is no space on land to provide the Marina facilities that are to be located in the floating Marina facility. The City shall support the application by BHM for Permits and Approvals and shall cooperate with BHM in accordance with Section 17, below. In the event BHM is unable to obtain the Permits and Approvals, with satisfactory terms, during the Permit Contingency Period including all extensions, this Development Agreement and the Ground Lease shall terminate.
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Permitting Contingency. (a) Tenant is required to obtain a special use permit from the Town of Burlington necessary to conduct Tenant’s business operations and operate a biotechnology laboratory in the Premises (the “Special Permit”). Tenant, at its sole cost and expense, shall apply for and diligently take all necessary steps to obtain the Special Permit. Landlord shall assist and cooperate with Tenant in obtaining the Special Permit as Tenant reasonably requests, at no cost to Landlord. Tenant understands that while it is pursuing the Special Permit, Landlord is concurrently undertaking preliminary construction activities to stay on schedule and is incurring preliminary costs associated therewith. Landlord is willing to continue such preliminary construction activities provided Tenant agrees to indemnify Landlord for its costs of such construction activities between the Effective Date and February 28, 2022. The cost of Landlord’s construction activities subject to indemnification shall not exceed $2,500,000.00. Landlord reasonably estimates such costs to equal $1,813,949.00. Within five (5) days after the Effective Date, Tenant shall notify Landlord in writing whether Tenant agrees or declines to indemnify Landlord. If Tenant declines to indemnify Landlord as aforesaid, Landlord shall cease its preliminary construction activities. In that event, the date specified in the Approved Construction Schedule as the date for commencement of the Building core and shell work, and consequently all other milestone dates specified in the Approved Construction Schedule, shall each be postponed by one day for each day during the period commencing on February 28, 2022 and ending on the date the Special Permit is issued by the Town of Burlington, and the Approved Construction Schedule shall be appropriately revised. (b) If Tenant does not obtain the Special Permit by February 28, 2022, then Landlord, in its sole discretion, may elect, without having any obligation to do so, to assume Tenant’s role in pursuing the issuance of the Special Permit and take all necessary steps required by the Town of Burlington, at Tenant’s cost. In that event, Tenant shall assist and cooperate with Landlord in obtaining the Special Permit by attending all meetings and providing all information required by the Town of Burlington, and shall use best efforts to provide in a timely manner any necessary documentation, including, without limitation, chemical lists, process and procedure documents, that may be required by...
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Permitting Contingency. In the event that the Permitting Contingency has not been satisfied by March 1, 2001, then Buyer shall have the option, exercisable by written notice to Seller at or prior to Closing, of (i) accepting at Closing such title as Seller is able to convey and/or waiving any unsatisfied condition precedent, including the Permitting Contingency, with no deduction from or adjustment of the Purchase Price and proceeding to Closing, or (ii) declining to proceed to Closing. In the latter event, except as expressly set forth herein, all obligations, liabilities and rights of the parties under this Agreement shall terminate, and the Deposit shall be returned to Buyer. Such election to terminate this Agreement and have the Deposit returned shall be Buyer's sole remedy for the failure of the Permitting Contingency to be satisfied. Seller shall not have any liability to Buyer for any such failure of the Permitting Contingency to be satisfied, provided that Seller has performed its obligations under Section 4.2.5 above.
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Permitting Contingency. The PCE shall also include an agreed-upon amount as a Permitting Contingency to address changes required by the permitting agency in approving the Construction Documents. Upon receipt of the permitted Construction Documents, CM/GC shall promptly identify and notify the Core Group in writing of the cost impact of any resulting modifications to the Construction Documents and the amount of the Permitting Contingency that will be needed to cover those costs.
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Permitting Contingency. In the event there is a building moratorium (“Governmental Moratorium”) or a similar governmental restriction in effect for the Land as of the completion of the Permit Approval Period, or Contractor, after having used commercially reasonable efforts, is unable to obtain all required permits required by governmental authority, Contractor may elect to terminate this Agreement.
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Permitting Contingency. This agreement is contingent until December 31, 2021 on Seller obtaining approval from the Town of Tisbury to obtain sewer flow in the net amount of 1400 gpd. The parties understand that the sewer flow must be obtained by SELLER, the current owner of the property. However SELLER hereby agrees to transfer the property and the rights to such sewer flow with the property.
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Related to Permitting Contingency

  • Financing Contingency The Buyer’s obligations herein are contingent on the Buyer’s obtaining financing to pay the balance on the Purchase Price. The Buyer must present to the Seller a binding commitment for financing the purchase of the Property within days from the Effective date. The terms of the financing must be acceptable to and approved by the Buyer who shall not unreasonably withhold such approval. In the event that the Buyer fails to obtain financing within the time allotted, this Agreement shall automatically terminated and all funds paid by the Buyer shall be returned to the Buyer after deducting all reasonable costs incurred by the Seller in good faith in relation this Agreement.

  • No Financing Contingency By participating in this auction, bidders hereby agree that their bid shall NOT be subject to the bidder’s ability to obtain financing. Financing is NOT a contingency in the purchase agreement. However, if a bidder decides to purchase property with a loan, they should make sure they are approved for a loan and that lender is capable of completing on or before closing date.

  • Contingency If Buyer does not reveal a fact of contingency to the lender and this purchase does not record because of such nondisclosure after initial application, the Buyer shall be in default;

  • FUNDING CONTINGENCY a. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to completion of the work in this Contract, DCYF may: (1) Terminate this Contract with ten (10) days advance notice. If this Contract is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination; (2) Renegotiate the terms of the Contract under the new funding limitations and conditions; (3) After a review of project expenditures and deliverable status, extend the end date of this Contract and postpone deliverables or portions of deliverables; or (4) Pursue such other alternatives as the parties mutually agree to in writing. b. Any termination under this Section (FUNDING CONTINGENCY) shall be considered a Termination for Convenience.

  • MORTGAGE CONTINGENCY A. This agreement is contingent upon Purchaser obtaining approval of a Conventional, FHA or VA (if FHA or VA, see attached required addendum) or mortgage loan of $ for a term of no more than years at an initial fixed or adjustable nominal interest rate not to exceed % (percent). Purchaser agrees to use diligent efforts to obtain said approval and shall apply for the mortgage loan within business days after the Seller has accepted this contract. Purchaser agrees to apply for such mortgage loan to at least one lending institution or licensed mortgage broker. Upon receipt of a written mortgage commitment or in the event Purchaser chooses to waive this mortgage contingency, Purchaser shall provide notice in writing to of Purchaser’s receipt of the mortgage commitment or of Purchaser’s waiving of this contingency. Upon receipt of such notice this contingency shall be deemed waived or satisfied as the case may be. In the event notice as called for in the preceding sentence has not been received on or before , , then either Purchaser or Seller may within five business days of such date terminate, or the parties may mutually agree to extend, this contract by written notice to . Upon receipt of termination notice from either party, and in the case of notice by the Purchaser, proof of Purchaser’s inability to obtain said mortgage approval, this agreement shall be cancelled, null and void, and all deposits made hereunder shall be returned to the Purchaser.