Entitlement Condition definition
Examples of Entitlement Condition in a sentence
Landlord shall notify Tenant of the Entitlement Conditions applicable to the Zoning Permits (including, without limitation, any Entitlement Base Building Plan Changes and any Layout Changes), within three (3) business days following the determination thereof (“Landlord's Entitlement Condition Notice”).
Notwithstanding the foregoing, if there are Entitlement Base Building Plan Changes, Landlord shall so notify Tenant as set forth in Section 4.1(D)(1) hereof, and if neither Landlord nor Tenant (if applicable) exercises its Entitlement Condition Termination, then the Base Building Work and/or the Layout, as applicable, shall be deemed to include such Entitlement Base Building Plan Changes.
For the avoidance of doubt, City Village Developer Consent shall not be required to be part of the Major Modification for the purpose of the Entitlement Condition, and will not be considered part of the Entitlements Condition in any respect or otherwise be a condition precedent to either Closing.
If Landlord exercises Landlord's Entitlement Condition Termination, it shall reimburse Tenant for one hundred percent (100%) of Tenant's Termination Expenses (as such term is hereinafter defined), but excluding any legal costs and expenses incurred by Tenant, within thirty (30) days after demand therefor, accompanied by reasonable supporting documentation (such as invoices).
The parties intend that if the necessary Permits and Approvals are granted and neither Landlord nor Tenant exercises any applicable Entitlement Condition Termination, then Landlord will build the New Building and Tenant will lease the Office Portion thereof pursuant to the terms hereof.
If the Layout is revised in the course of obtaining the Zoning Permits, and neither party exercises its Entitlement Condition Termination as set forth above (if applicable), then such revisions to the Layout shall be deemed approved by both Landlord and Tenant, and the “Layout” as used herein shall refer to the Layout as so revised.
Tenant covenants and agrees, at its sole cost and expense, to use diligent efforts to pursue and satisfy: (i) the Entitlement Condition; and (ii) the Gaming License Condition.
If either party exercises its Entitlement Condition Termination, this Lease shall terminate as of the date of the notice of such Entitlement Condition Termination as if such date were the date originally specified herein as the Expiration Date.
Notwithstanding the foregoing, Tenant represents and warrants that, as of September 11, 2024, it has satisfied the Entitlement Condition and the Gaming License Condition.