Zoning Approvals. Tenant represents and warrants that prior to commencement of operation, they will have obtained and will maintain all required state and local permits, licenses and approvals, including any local land use and zoning permits necessary for their construction of the Buildings and all related improvements (together with the Cannabis Use Permits, the “Permits and Approvals”) and none of the Permits and Approvals have been appealed. Tenant further represents and warrants that they have provided copies of all Permits and Approvals to Landlord.
Zoning Approvals. Tenant Parties represent and warrant that they have obtained and will maintain all required federal, state and local permits, licenses and approvals, including any local land use and zoning permits necessary for their construction of the Buildings and all related improvements (together with the Cannabis Use Permits, the “Permits and Approvals”) and none of the Permits and Approvals have been appealed. Tenant Parties further represent and warrant that they have provided copies of all Permits and Approvals to Landlord.
Zoning Approvals. Borrower shall have provided to Lender and Lender shall have approved evidence of appropriate vested zoning for the contemplated development of the Entitled Land.
Zoning Approvals. Borrower shall have provided to the Lender evidence that the Subdivision is subject to vested zoning consistent with its proposed uses.
Zoning Approvals. The County agrees to construct the alterations to the Nordic WWTP in compliance with the zoning relief granted by Village Ordinance 1929-19.
Zoning Approvals. 7.18.1 Current Owner and the Phase I Permit Entity covenant to use commercially reasonable good faith efforts to prosecute to successful completion, prior to the Disbursement Closing Outside Date, that certain (i) Administrative Site Review Application currently pending with the City [entitled “Villages at Lake Bxxxx Trail Phase I, SR-9-2015”] (the “Pending Zoning Case”), and (ii) the Pending Infrastructure Permit, such that at the Disbursement Closing the Property shall be properly zoned for use as multi-family residential apartments and all City approvals necessary for the Proposed Development (aside from building & other “vertical” development-related permits) shall have been obtained (collectively, the “Required Zoning Conditions”). Neither Current Owner nor the Phase I Permit Entity shall cause the Pending Zoning Case to be finalized by the City without first having provided a copy of the proposed approvals/conditions thereunder to Buyer for its review (subject to Current Owner’s right to make changes without Buyer’s approval as set forth below or as set forth in Section 5.5). Except for the Pending Zoning Case, there shall be no pending applications or proceedings that could change the zoning status of the Property. Current Owner and the Phase I Permit Entity covenant and agree (i) not to withdraw the Pending Zoning Case without Buyer’s prior written consent, and (ii) not modify or amend the Pending Zoning Case in any manner that would constitute a Material Impact to the Land without receiving Buyer’s prior written consent, which consent may be withheld in Buyer’s sole discretion. Notwithstanding the foregoing, if any such modification of the Pending Zoning Case is required by the City to obtain final approval from the City thereof, then Buyer’s consent shall not be required if such modification does not Materially Impact the Land, but Current Owner and Seller shall provide notice to Buyer of the same if such modification would constitute a Material Impact to the Land, and Buyer’s prior written consent thereto shall be required (same may be withheld in Buyer’s sole discretion).
7.18.2 Current Owner and the Phase I Permit Entity covenant to use commercially reasonable good faith efforts to satisfy the Required Zoning Conditions; provided, however, failure to satisfy the Required Zoning Conditions due to the lack of required cooperation from the City or other third parties, after Current Owner and the Phase I Permit Entity have used commercially reason...
Zoning Approvals. Capital shall use its best efforts in obtaining all applicable governmental permits and approvals for the construction of each Facility, including, without limitation, coordination, advice, recommendations and consultations with respect to the filing of all necessary documents to obtain zoning and inland/wetlands approvals ("Zoning Approvals"); Capital shall prepare all applications for and prosecute the same for all Zoning Approvals required for any Facility. All filing, notice and reasonable legal fees in connection therewith shall be included in the Contract Price. Capital shall not have the right to retain legal counsel without the prior approval of Triad which shall not be unreasonably withheld, delayed or conditioned.
Zoning Approvals. To the extent requested by the Administrative Agent, Borrower shall have provided to Administrative Agent and Majority Lenders shall have approved evidence of appropriate vested zoning for the anticipated development of the Unimproved Land “for sale” single- or “for sale” multi- family residential property, which zoning shall be consistent with (i) the anticipated use of such Unimproved Land and (ii) the Core Businesses.
Zoning Approvals. A. ATC shall endeavor to obtain all necessary Zoning Approvals for the construction of Tower at a BTS Site and the installation of the ALLTEL Equipment at each BTS Site.
B. ALLTEL or ATC, as reasonably determined by ATC, shall be the applicant for any and all necessary Zoning Approvals.
C. ATC shall be responsible for preparing and filing all applications for, and pursuing and obtaining, the Zoning Approvals.
D. ATC shall coordinate and manage all professional and technical services required in connection with the preparation and filing of applications for and obtaining all Zoning Approvals.
E. ATC will prepare and submit all zoning applications with required drawings, and other related materials.
F. ATC will attend all required hearings and will represent ALLTEL at ALLTEL's request. ALLTEL agrees to attend any hearing in which the presence of an ALLTEL staff member is required or reasonably necessary.
G. ALLTEL will cooperate in good faith and promptly with ATC's efforts to obtain the Zoning Approvals, at the request of ATC.
H. ATC will not be under any obligation to build any BTS Site prior to obtaining the necessary Zoning Approvals.
I. In the event that ATC reasonably determines that no Zoning Approval is required, ATC shall provide a written statement to ALLTEL that no such Zoning Approval is required and the basis for such determination.
J. In no event shall ATC be required to appeal any adverse Zoning Approval (including, without limitation, adverse conditions on any such Zoning Approvals) to any court of law.
K. If ALLTEL or ATC reasonably determine that ATC's proposed Tower height would directly and solely cause an extension of time to obtain any Zoning Approval beyond the period set forth in the applicable Site Schedule, ATC shall construct a Tower that will not result in any such additional delay and that meets the Specifications. Notwithstanding the foregoing, ATC shall have the right (i) to pursue Zoning Approval for a Tower which meets ALLTEL's requirements but which can be subsequently modified to increase the height of the Tower in order to meet ATC's requirements, (ii) to pursue simultaneous Zoning Approvals for the construction of (1) a temporary structure which satisfies ALLTEL's requirements, if all Zoning Approvals for such temporary structure can be obtained within the time provided in the applicable Site Schedule, and (2) a permanent Tower with greater height which meets both ALLTEL's and ATC's requirements. In the event that ALLTEL ...
Zoning Approvals. The parties acknowledge that the transfer of the Property to the Buyer shall be subject to the Adoption by the City of the PD rezoning (the "PD REZONING"), the approval by Buyer and Seller of the PD Rezoning, the Approval of the PD permit (the "PD PERMIT", together with the PD Rezoning, the "ZONING APPROVALS"), and the approval by Buyer and Seller of the PD Permit. Buyer covenants and agrees that upon Adoption by the City of the GPA, it will diligently pursue Adoption and Approval of the Zoning Approvals and Buyer shall pay all costs associated therewith. Seller shall act in good faith and shall cooperate with Buyer in all respects in obtaining the Zoning Approvals, provided that Seller shall not be obligated to incur any additional cost or expense in connection with the Zoning Approvals.
