Common use of DDA Clause in Contracts

DDA. DDA Approval (as hereinafter defined) shall be a condition precedent to Seller’s obligation to sell, and Buyer’s obligation to buy the Property. As used in this Agreement, “DDA Approval” means that (i) the Disposition and Development Agreement for the Property between Seller and Buyer for the Property (“DDA”), attached as Exhibit “H”, including Buyer’s Master Site Plan incorporated as an exhibit thereto (the “Master Site Plan”), has been approved by Seller in accordance with Government Code Section 65865 et seq. and adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s approval (or re-approval, if applicable) of the DDA (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s approval of the DDA without modification of the DDA, and (iv) all time periods for any petition for a referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the referendum has failed to pass. In the event that Seller’s approval of the DDA is set aside by a final non- appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non-appealable judgment, to enable Seller’s re-approval of the DDA within three (3) months of such final judgment.

DDA. DDA Approval (as hereinafter defined) shall be a condition precedent to Seller’s obligation to sell, and Buyer’s obligation to buy the Property. As used in this Agreement, “DDA ApprovalDDA” means that (i) the certain Disposition and Development Agreement for the Property between Seller and Buyer for the Property (“DDA”), attached as Exhibit “H”, including Buyer’s Master Site Plan incorporated as an exhibit thereto (the “Master Site Plan”). DDA Approval (as hereinafter defined) shall be a condition precedent to Buyer’s obligation to buy the Property. As used in this Agreement, “DDA Approval” means that (i) the DDA, including the Master Site Plan, has been approved by Seller in accordance with Government Code Section 65865 et seq. and adopted as an Ordinance of the City of Anaheim in accordance with all laws and required procedures, and recorded against the Property, (ii) Buyer and Seller have mutually executed the DDA and have deposited four (4) duly executed counterparts of the DDA with Escrow Holder for delivery to the other party at Closing, (iii) all time periods for judicial challenges to Seller’s approval (or re-approval, if applicable) of the DDA or Master Site Plan (including, but not limited to, any period for challenge under the California Environmental Quality Act (“CEQA”)) have passed without any judicial challenge having been timely filed, or if timely filed, the same has been resolved by (a) plaintiff’s/petitioner’s dismissal of such litigation with prejudice, or (b) a final non-appealable judgment that is not subject to further judicial review upholding the Seller’s approval of the DDA or Master Site Plan without modification of the DDADDA or Master Site Plan, and (iviii) all time periods for any petition for a referendum pertaining to the DDA to have been filed with the City have passed without any petition having been timely filed with the City, or if timely filed with the City, the referendum has failed to pass. In the event that Seller’s approval of the DDA DDA, or the incorporated Master Site Plan, is set aside by a final non- non-appealable judgment that is not subject to further judicial review, Seller and Buyer shall cooperate and use good faith efforts to promptly correct the error(s) identified in the final non-appealable judgment, to enable Seller’s re-approval of the DDA DDA, including, if applicable, the Master Site Plan, within three (3) months of such final judgment.