Governmental Applications. Seller acknowledges that Purchaser may, at its own expense, file applications with federal, state, and local governmental bodies for annexation, annexation agreements, zoning, planned development, special use, variation, subdivision, subdivision improvement agreements, and building and related permits and approvals (collectively, “Zoning”) for a commercial or industrial use of the Property. Upon Purchaser’s request, Seller will promptly execute written authorizations and related ownership disclosures respecting such applications and attend (if necessary) all meetings required under the terms of the applicable zoning ordinances, codes and/or Illinois Compiled Statutes reasonably necessary to obtain the Zoning. Without limiting the generality of the foregoing, Seller covenants and agrees to promptly execute and deliver any and all agreements and petitions that may be necessary or desirable in order to re-zone the Property and to annex the Property to the City of ▇▇▇▇▇▇▇▇ (the “City”). In addition, Seller covenants and agrees not to contest or oppose, Purchaser’s proposed use of the Property in any proceeding or public hearing before any federal, state or local governmental entity. Notwithstanding anything contained in this Section of this Agreement to the contrary, Seller shall not be required to incur any personal liability by cooperating with Purchaser pursuant to the terms of this Section of this Agreement including, without limitation, the execution and delivery of any agreements, petitions or other documents. Purchaser expressly agrees that no re-zoning annexation or other activities of Purchaser with respect to the Property shall be binding on the Property, or Seller, unless Purchaser shall first waive all unfulfilled contingencies or conditions of this Agreement and proceed to Closing.
Appears in 2 contracts
Sources: Option Agreement (Illinois River Energy LLC), Option Agreement (Illinois River Energy LLC)