Zoning and Condemnation. Except as set forth on Schedule 3.7 “Notices of Government Action,” there are no pending proceedings or actions to modify the zoning classification of, or to condemn or take by power of eminent domain, or to classify as a landmark, all or any part of the Assets. Seller and TOPIII have no Knowledge of any such threatened proceeding or action, which (in either case), if pursued, would reasonably be expected to have a Material Adverse Effect (with respect to the Assets). In addition, except as set forth on Schedule 3.7 “Notices of Government Action,” Seller and TOPIII have no Knowledge of any proceeding or action to modify the zoning classification of, or to condemn or take by power of eminent domain, or to classify as a landmark, all or any part of the Assets, which, if pursued,
Zoning and Condemnation. 26 3.8 Brokers .................................................................. 27 3.9 Contracts ................................................................ 27
Zoning and Condemnation. To Seller's Knowledge, there are no pending ------------------------- proceedings to alter or restrict the zoning or other use restrictions applicable to all or any part of the Property or any part of the Projects, or to condemn all or any portion of the Property or the Projects by eminent domain proceedings or otherwise.
Zoning and Condemnation. To Optionor's knowledge and except as disclosed in the Reports delivered by Colonial to Optionee pursuant to the Master Agreement, there are no pending proceedings to alter or restrict the zoning or other use restrictions applicable to the Option Property or the Projects, or to condemn all or any portion of the Option Property or the Projects by eminent domain proceedings or otherwise.
Zoning and Condemnation. Except as set forth on Schedule 3.6 ----------------------- ------------ (Notice of Government Action), (i) ComEd has not received any written notice from a Governmental Authority of any pending or threatened proceeding or governmental action, and (ii) ComEd has not been served with any legal process, that, in the case of clause (i) or (ii), seeks to modify the zoning classification of, or to condemn or take by power of eminent domain or to classify as a landmark, all or any part of the Assets, that, if decided adversely to ComEd, would have a Material Adverse Effect. Notwithstanding anything in this Agreement to the contrary, Purchaser hereby acknowledges and agrees that ComEd has not made any representation, warranty, covenant, certification, promise or agreement of any kind or nature that the Transferred Real Property, the Switchyard Property or any structures, buildings, improvements or fixtures (whether principal or accessory) will, as of the Closing (or at any time before or after the Closing), comply or conform with any local, county, state or federal land use, zoning, subdivision, setback or similar Requirements of Law (including the Illinois Plat Act).
Zoning and Condemnation. Except as set forth in Disclosure Schedule 14.6(l), there are no pending or, to Seller’s knowledge, threatened proceedings or governmental actions to modify the zoning classification of, or to condemn or take by power of eminent domain or to classify as a landmark or otherwise impose any similar restraint or restriction on, all or any material part of the Project.
Zoning and Condemnation. To the knowledge of the Seller and the Project Company, there are no pending or threatened proceedings or governmental actions to modify the zoning classification of, or to condemn or take by power of eminent domain or to classify as a landmark or otherwise impose any similar restraint or restriction on, all or any part of the Project or the Project Assets.
Zoning and Condemnation. To Seller’s Knowledge and except as disclosed in the Due Diligence Documents, there are no pending proceedings to alter or restrict the zoning or other use restrictions applicable to the Property, to condemn all or any portion of the Property by eminent domain proceedings or otherwise, or to institute a moratorium or similar restriction on building on or issuing certificates of occupancy for construction on all or any portion of the Property.
Zoning and Condemnation. 18 8.8 Seller's Knowledge...............................................18 8.9 Survival..........................................................18 Table of Contents ----------------- (continued)
Zoning and Condemnation. Except as set forth on Schedule 3.7 "Notices of Government Action," there are no pending proceedings or actions to modify the zoning classification of, or to condemn or take by power of eminent domain, or to classify as a landmark, all or any part of the Assets. Seller and TNMP have no Knowledge of any such threatened proceeding or action, which (in either case), if pursued, would reasonably be expected to have a Material Adverse Effect (with respect to the Assets). In addition, except as set forth on Schedule 3.7 "Notices of Government Action," Seller and TNMP have no Knowledge of any proceeding or action to modify the zoning classification of, or to condemn or take by power of eminent domain, or to classify as a landmark, all or any part of the Assets, which, if pursued, would reasonably be expected to have a Material Adverse Effect (with respect to the Assets). The Owned Real Property is properly zoned for the existence, occupancy and use of all of the Improvements. None of the Improvements are subject to any conditional use permits or "permitted non-conforming use" or "permitted non-conforming structure" classifications or similar permits or classifications.
