Land Use Entitlement Approvals. During the Term and in accordance with a commercially reasonable schedule, APAH covenants and agrees, at its expense, to file such applications with applicable Governmental Authority (as defined below) that are required in connection with the land use planning, design and other work activities necessary to obtain the following with respect to the Property that are necessary to develop and construct the Development (the “Land Use Entitlement Approvals”): (1) a Comprehensive Plan Amendment; (2) a Conceptual Development Plan and a Final Development Plan; (3) a Special Exception of the Property in connection with the Development; (4) a Proffered Condition Amendment for the Development; and (5) a Site Plan (defined below). Undefined capitalized terms in the preceding sentence have the meaning ascribed to such terms in Chapter 112 of the 1976 Code of the County of Fairfax, Virginia (the “Zoning Ordinance”). The Parties acknowledge that APAH began filing applications and other work necessary to obtain the Land Use Entitlement Approvals during the period that the Interim Agreement was in effect and that certain of the Land Use Entitlement Approvals have already been obtained prior to the Term. All such Land Use Entitlement Approvals shall be in form and substance satisfactory to APAH.
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