Remedy for Refusal to Grant Consent or Approval. If, pursuant to the terms of this Agreement, any consent or approval by the City is not to be unreasonably withheld or is subject to a specified standard, then in the event there shall be a final determination that the consent or approval was unreasonably withheld or that such specified standard has been met so that the consent or approval should have been granted, the consent or approval shall be deemed granted and such granting of the consent or approval shall be the only remedy to the party requesting or requiring the consent or approval.
Remedy for Refusal to Grant Consent or Approval. If, pursuant to the terms of this Agreement, any consent or approval by DDC or Funding Recipient is not to be unreasonably withheld or is subject to a specified standard, then in the event there shall be a final determination that the consent or approval was unreasonably withheld or that such specified standard has been met so that the consent or approval should have been granted, the consent or approval shall be deemed granted, and such granting of the consent or approval shall be the only remedy to the party requesting or requiring the consent or approval.
Remedy for Refusal to Grant Consent or Approval. If, pursuant to the terms of this Lease, (a) any consent or approval by Landlord or Tenant is required and (b) the party receiving such request for consent or approval fails within (x) the time period required for such approval as set forth in this Lease or (y) if no time period is specified in this Lease, thirty (30) days following receipt of such request, either to grant or deny such consent or approval (setting forth, in the case of denial, the reasons for such denial in reasonable detail), then (provided the original request for consent so indicated in bold letter), such consent or approval shall be deemed granted at the expiration of (x) the time period required for such approval as set forth in this Lease, or (y) if no time period is specified in this Lease, such thirty (30) day period. If, pursuant to the terms of this Lease, any consent or approval by Landlord or Tenant is not to be unreasonably withheld or is subject to a specified standard, then in the event of a final determination that the consent or approval was unreasonably withheld or that such specified standard has been met (such that the consent or approval should have been granted), the consent or approval shall be deemed granted but the granting of the consent or approval shall be the only remedy to the party requesting or requiring the consent or approval.
Remedy for Refusal to Grant Consent or Approval. Except as provided for in Article 3, if any consent or approval by County or Developer is alleged to have been unreasonably withheld, conditioned or delayed, then any dispute as to whether such consent or approval has been unreasonably withheld, conditioned or delayed shall be settled by an action filed in a state court of competent jurisdiction located in Palm Beach County. In the event there shall be a final determination that the consent or approval was unreasonably withheld, conditioned or delayed so that the consent or approval should have been granted, the consent or approval shall be deemed granted, subject to the limitations provided in this Agreement.
Remedy for Refusal to Grant Consent or Approval. Each party hereby waives any claim against the other party which it may have based upon any assertion that the other party has unreasonably withheld or unreasonably delayed any consent or approval, and each party agrees that its sole remedy shall be (i) an action or proceeding to enforce any such provision or for specific performance, injunction or declaratory judgment or (ii) to submit the dispute to arbitration in accordance with Article 31 below. In the event of a determination favorable to the party who requested the consent or approval in any of the proceedings set forth in (i) or (ii) of the preceding sentence, the requested consent or approval shall be deemed to have been granted; however, the other party shall have no personal or other liability to the requesting party for its refusal to give such consent or approval. The sole remedy for either party's unreasonably withholding or delaying of consent or approval shall be as set forth in this Section. Notwithstanding the foregoing, each party shall be entitled to such other remedies as shall be available to it at law or in equity in the event that the other party's unreasonable withholding of consent is determined to be arbitrary and capricious by a final judgment of a court of competent jurisdiction or by the arbitrator in any arbitration proceeding pursuant to Article 31 below.
