Developer’s Conditions Clause Samples

The Developer’s Conditions clause sets out specific requirements or obligations that the developer must fulfill under the agreement. These conditions may include obtaining necessary permits, meeting project milestones, or providing certain documentation before proceeding to the next phase of work. By clearly outlining these prerequisites, the clause ensures that the developer’s responsibilities are transparent and that the project progresses in a controlled and compliant manner, thereby reducing the risk of delays or disputes.
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Developer’s Conditions. Developer’s obligation to close Escrow is conditioned upon the satisfaction or written waiver by Developer of each and every one of the conditions precedent (i) through (viii), inclusive, described below (the “Developer’s Conditions Precedent to Closing”), which are solely for the benefit of Developer, and which shall be satisfied or waived by the time periods provided for herein:
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Developer’s Conditions. 2.4.1.1 There shall have been no change to the physical condition of the Land and no new recorded title exceptions after the date of the Preliminary Title Report and no other title exceptions after the date of the Survey that, in either case, would adversely affect the development, ownership, use, or operation of the Lodge Project in any way. 2.4.1.2 City shall have removed, or the Title Company shall have insured over, as applicable, the title exceptions that City has agreed to remove or insure over pursuant to Section 2.3. 2.4.1.3 The Title Company shall have committed to issue at the Close of Escrow an ALTA extended coverage owner’s title insurance policy (“Owner’s Title Policy”), with any endorsements reasonably requested by ▇▇▇▇▇▇▇▇▇, showing fee simple title to the Land vested in Developer (or Developer’s Assignee as permitted by this Agreement) and insuring Developer’s interests under the Construction Access Easement Agreement and the Construction Staging Easement Agreement, subject only to the Approved Title Exceptions. 2.4.1.4 City shall have created a legal parcel of the Land in accordance with the provisions of the California Subdivision Map Act; provided, however, that such parcel shall not be subject to the 20-foot ingress-egress access easement for the benefit of Lot 27 as shown on the FEZ Tentative Parcel Map. 2.4.1.5 The representations and warranties of City contained in this Agreement being true and correct in all material respects. 2.4.1.6 City shall have delivered all documents and funds required to be delivered pursuant to Section 2.7.1. 2.4.1.7 City shall have performed, observed, and complied in all material respects with all covenants, agreements, and conditions that are required by this Agreement and the Development Agreement to be performed, observed, and complied with on its part prior to or as of the Close of Escrow.
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Developer’s Conditions. Developer’s obligation to close Escrow is conditioned upon the satisfaction or written waiver by Developer of each and every one of the conditions precedent (i) through (xv), inclusive, described below (the “Developer’s Conditions Precedent to Closing”), which are solely for the benefit of Developer, and which shall be satisfied or waived by the time periods provided for herein:
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Developer’s Conditions. Developer’s obligation to close Escrow is conditioned upon the satisfaction or written waiver by Developer of each and every one of the conditions precedent (i) through (x), inclusive, described below (the “Developer’s Conditions Precedent to Closing”), which are solely for the benefit of Developer, and which shall be satisfied or waived by the time periods provided for herein. (i) Physical Condition of Marketplace Site/500 S. Anaheim Blvd. Site. Prior to the expiration of the Developer’s Due Diligence Period, Developer shall not have elected to cancel Escrow and terminate this Agreement due to the physical condition of the Marketplace Site/500 S. Anaheim Blvd. Site and shall have delivered Developer’s Notice to Proceed to Agency pursuant to Section 403.3 of this Agreement. (ii) Environmental Condition of Marketplace Site/500 S. Anaheim Blvd. Site. Prior to the expiration of the Developer’s Due Diligence Period, Developer shall not have elected to cancel Escrow and terminate this Agreement due to the environmental condition of the Marketplace Site/500 S. Anaheim Blvd. Site and shall have delivered Developer’s Notice to Proceed to Agency pursuant to Section 403.3.
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Developer’s Conditions. The obligation of Developer to purchase and lease the Property shall be subject to the satisfaction, at or prior to the Closing, of all of the following conditions, any one or more of which may be waived by Developer: (a) The City shall have complied in all material respects with all obligations required to be complied with by it at or prior to the Closing. (b) The State/Tribe Compact shall have been executed by the Tribe and the State, shall have been approved by the U.S. Department of the Interior, either affirmatively or by operation of law, and shall be in full force and effect upon the Closing. (c) The Property shall have been approved by the BIA for placement into trust on behalf of the Tribe. (d) All BIA Approvals shall have been obtained. (e) All NIGC Approvals shall have been obtained. (f) Rights to access the Property and the Pier are acceptable to the Developer. (g) All approvals, permits and other governmental approvals necessary to construct, own and operate the Project in accordance with the Design Concept Documents have been obtained. (h) The Services Agreement shall have been executed and delivered by the Tribe and the City. (i) The Deed and the Shoreline Lease shall have been delivered as provided in Section 1.5. (j) A land transfer agreement for the Remainder Property, in form acceptable to Developer, has been executed by the Navy and the City.
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Developer’s Conditions. It shall be a condition precedent to Developer’s obligation to enter into the Ground Lease that, as of the Ground Lease Execution Date, all of the following are true; provided that Developer may, in its sole discretion, elect to waive any one or more of the conditions described below: (i) The PDR Decision has been approved pursuant to Section 7 above; (ii) Owner is not currently in default under this Agreement; and (iii) The Title Company is prepared to issue a standard form leasehold policy of title insurance to Developer in accordance with the Title Commitment and subject only to the standard exceptions contained in such form of policy and the Permitted Exceptions (the “Title Policy”).
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Related to Developer’s Conditions

  • Seller’s Conditions Notwithstanding any other provision of this Agreement, the obligation of Seller to consummate the Transactions shall be subject to and conditioned upon the following: (i) Buyer’s representations and warranties being true and correct in all material respects as of the Closing and Buyer shall have delivered all documents required to be delivered by Buyer pursuant to Paragraph 5(b) below. (ii) The satisfaction of the [REDACTED] Waiver Condition. In the event the [REDACTED] Waiver Condition is not satisfied at or prior to Closing, then Seller may elect to either (a) terminate this Agreement with respect to the Commerce Property (but not the other Properties), in which event the Purchase Price shall be reduced by the Allocated Purchase Price for the Commerce Property, neither party shall have any further liability or obligation under this Agreement with respect to the Commerce Property (except for the provisions of this Agreement which recite that they survive termination), and the Closing shall proceed with respect to all other Properties, or (b) elect to continue this Agreement in full force and effect with respect to the Commerce Property. If any condition to Seller’s obligation to proceed with the Closing hereunder has not been satisfied as of the Closing Date or other applicable date (other than the condition to Closing set forth in Paragraph 3(g)(ii) for which Seller’s rights for such failure of the condition to Closing are set forth therein), Seller shall have the right to (i) nevertheless proceed to Closing, notwithstanding the non-satisfaction of such condition, in which event Seller shall be conclusively deemed to have waived any such condition, or (ii) terminate this Agreement upon written notice to Buyer prior to Closing, in which case the provisions of Paragraph 3(f) shall apply.

  • Buyer’s Conditions Buyer’s obligations to Close are conditioned upon the following (“Buyer’s Conditions”): (i) All representations and warranties of Seller in this Agreement shall be true, correct and complete in all material respects as of the Closing Date and Seller shall have performed in all material respects all covenants and obligations required to be performed by Seller on or before the Closing Date. (ii) Title Insurance Company is irrevocably committed to issue to Buyer an owner’s title insurance policy covering the Property with standard coverage customary in the state where the Property is located showing liability in the amount of the Purchase Price and showing insurable title to the Property vested in Buyer, subject only to the following: (a) Title Insurance Company’s standard exceptions; (b) liens for all current general and special real property taxes and assessments not yet due and payable; (c) liens of supplemental taxes, if any assessed; (d) any facts an accurate survey and/or a personal inspection of the Property may disclose; (e) the mortgage/deed of trust/deed to secure debt lien in connection with any Buyer financing; (f) any laws, regulations, ordinances (including but not limited to, zoning, building and environmental) as to the use, occupancy, subdivision or improvement of the Property adopted or imposed by any governmental body, or the effect of any non-compliance with or any violation thereof, including but not limited to, any disclosure and/or report required by ordinance; (g) rights of existing tenants and/or occupants of the Property (if any); (h) covenants, restrictions, easements and other matters that do not materially impair the value of the Property or the use thereof; (i) non-monetary encumbrances disclosed to Buyer in writing prior to entering into this Agreement; and (j) any other matter for which Title Insurance Company agrees to provide insurance at no additional cost to Buyer.

  • Purchaser’s Conditions Purchaser's obligation to purchase the Property is subject to the satisfaction of the following conditions precedent, any or all of which may be waived by Purchaser: (a) Seller shall have delivered to Purchaser Tenant Estoppel Certificates, dated as of a date not more than forty-five (45) days prior to the Closing Date, from the holders of the tenants' interest under Leases which demise not less than 80% of the rentable square footage demised as of the date hereof under the Leases. If, however, Seller is unable to obtain Tenant Estoppel Certificates from tenants under Leases demising not less than 80% of the rentable square footage demised under the Leases as of the date hereof, Seller may (but shall not be obligated to) satisfy the foregoing condition by executing and delivering to Purchaser at Closing a certificate from Seller (the "SELLER'S ESTOPPEL CERTIFICATE") setting forth the matters which would have been set forth in the Tenant Estoppel Certificate(s) for any Leases selected by Seller and for which Seller has been unable to obtain a Tenant Estoppel Certificate, to the extent necessary to increase to 80% of the rentable square footage demised under Leases as of the date hereof for which a Tenant Estoppel Certificate has been obtained. Any Seller's Estoppel Certificate shall state that the representations made therein shall survive the Closing for a period of six (6) months or until such earlier date on which the applicable tenant shall deliver to Purchaser a Tenant Estoppel Certificate. For purposes of this Agreement, the term "TENANT ESTOPPEL CERTIFICATE" shall mean a certificate in the form of Exhibit D annexed hereto, provided that if any Lease prescribes the form or contents of an estoppel certificate to be delivered by the tenant, "TENANT ESTOPPEL CERTIFICATE" shall mean an estoppel certificate in such form or containing such contents;