Common use of Tenant Sole Responsibility for Obtaining Regulatory Approvals Clause in Contracts

Tenant Sole Responsibility for Obtaining Regulatory Approvals. Tenant understands that construction of the Initial Improvements will require approvals, authorizations and permits from governmental agencies with jurisdiction, which may include, without limitation, the Treasure Island Development Authority, the City’s Planning Commission, BCDC, State Lands Commission, Army Corps of Engineers, and others. Tenant shall use good faith efforts to obtain and shall be solely responsible for obtaining any Regulatory Approvals as required. Tenant shall not seek any Regulatory Approval without first notifying Landlord. Throughout the permit process for any Regulatory Approval, Tenant shall consult and coordinate with Landlord in Tenant’s efforts to obtain such permits. Landlord shall cooperate reasonably with Tenant in its efforts to obtain such permits, including executing any letters of authorization as owner of the Premises. However, Xxxxxx shall not agree to the imposition of conditions or restrictions in connection with its efforts to obtain a permit from any other regulatory agency if Landlord is required to be a co-permittee under such permit and the conditions or restrictions could create any obligations on the part of Landlord, or the conditions or restrictions could otherwise encumber, restrict or change the use of the Premises, unless in each instance Landlord has previously approved such conditions in writing and in Landlord’s sole and absolute discretion. No such approval by Landlord shall limit Tenant’s obligation to pay its share of the costs of complying with such conditions under this Section.

Appears in 2 contracts

Samples: Island Marina Lease, Sailing Center Lease

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Tenant Sole Responsibility for Obtaining Regulatory Approvals. Tenant understands that construction of the Initial Improvements will require approvals, authorizations and permits from governmental agencies with jurisdiction, which may include, without limitation, the Treasure Island Development Authority, the City’s Planning Commission, BCDC, State Lands Commission, Army Corps of Engineers, and others. Tenant shall use good faith efforts to obtain and shall be solely responsible for obtaining any Regulatory Approvals as required. Tenant shall not seek any Regulatory Approval without first notifying Landlord. Throughout the permit process for any Regulatory Approval, Tenant shall consult and coordinate with Landlord in Tenant’s efforts to obtain such permits. Landlord shall cooperate reasonably with Tenant in its efforts to obtain such permits, including executing any letters of authorization as owner of the Premises. However, Xxxxxx Tenant shall not agree to the imposition of conditions or restrictions in connection with its efforts to obtain a permit from any other regulatory agency if Landlord is required to be a co-permittee under such permit and the conditions or restrictions could create any obligations on the part of Landlord, or the conditions or restrictions could otherwise encumber, restrict or change the use of the Premises, unless in each instance Landlord has previously approved such conditions in writing and in Landlord’s sole and absolute discretion. No such approval by Landlord shall limit Tenant’s obligation to pay its share of the costs of complying with such conditions under this Section.

Appears in 2 contracts

Samples: Island Marina Lease, Sailing Center Lease

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