Zoning Condition. Within 30 days after the Effective Date, Landlord shall apply to the County Planning Commission for rezoning of the Premises to the "C-8" classification, so as to enable Tenant to construct and operate the Project as contemplated by Tenant in the Project Proposal at and from the Premises; provided, however that Landlord shall not be obligated to incur any out-of-pocket or third-party costs and expenses in connection with such application. Tenant shall provide to Landlord such information and documentation as may be necessary and appropriate to enable Landlord to apply for the rezoning. In the event the Premises is not so rezoned (or, if so rezoned, in the event the conditions of such rezoning are not acceptable to Tenant in its discretion) pursuant to County ordinance within 120 days after the Effective Date, Tenant shall have the option, if exercised by delivery of written notice to the other party not later than the expiration of such 120 period, to cancel this Lease without further obligation or liability on the part of either party to the other (except that the Escrow Agent shall release the Guarantees, the Security Deposit and the Acceptance Fee to Tenant). Tenant shall be responsible for providing the County Planning Commission with all information required of Tenant by the Commission.
Zoning Condition. At the written request of Assignee, which request shall be delivered by Tenant to Landlord not later than 60 days after the Effective Date, Landlord shall apply to the County Planning Commission for an amendment to the existing "C-8" classification of the Premises so as to enable Assignee to construct and operate the Project at and from the Premises in accordance with the New Project Proposal; provided, however that Landlord shall not be obligated to incur any out-of- pocket or third-party costs and expenses in connection with such application. Tenant shall provide to Landlord or shall cause Assignee to provide to Landlord such information and documentation as may be necessary and appropriate to enable Landlord to apply for the rezoning. In the event the Premises is not so rezoned (or, if so rezoned, in the event the conditions of such rezoning are not acceptable to Tenant or Assignee in its discretion) pursuant to County ordinance prior to the later to occur of that date which is 180 days after the Effective Date or that date which is 120 days after the filing of the application by Landlord (the "Rezoning Deadline"), Tenant shall have the option, if exercised by delivery of written notice to Landlord delivered prior to the Rezoning Deadline, to cancel this Lease without further obligation or liability on the part of either party to the other; provided, however, that if the aforementioned rezoning has not occurred on or prior to the Rezoning Deadline notwithstanding the reasonably diligent efforts of the parties to secure the rezoning, either party shall have the right to extend the Rezoning Deadline for an additional period of 60 days. Tenant shall be responsible for providing or for causing Assignee to provide to the County Planning Commission all information required of Tenant or Assignee, as the case may be, by the County Planning Commission.
Zoning Condition. (a) Smart shall use commercially reasonable efforts to satisfy the Zoning Condition on or before the Zoning Condition Date. SmartStop shall provide input as required throughout the process. Smart shall keep SmartStop reasonably informed of its efforts to satisfy the Zoning Condition, and shall provide SmartStop with drafts of all material correspondence and documentation in connection therewith.
