Onerous Conditions Clause Samples

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Onerous Conditions. For the purposes of this Agreement an Onerous Condition shall be a condition contained in a Planning Permission which in the Buyer’s reasonable opinion: will increase materially the cost of carrying out the Development; will reduce materially the profitability of the Development; has the same effect as, any of the conditions referred to in Appendix B of Circular 11/95, The Use of Planning Conditions in Planning Permission Definitions In this Schedule, the following definitions apply:
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Onerous Conditions. 13.6.1 In the event that the Authority, Planning Inspector or any other relevant body resolves or indicates an intention to issue a Planning Permission or seeks a Planning Agreement in connection therewith and informs the Buyer of the conditions to be attached to or contained in such permission or agreement, the Buyer shall promptly provide the Council with a full list of Waterfront East Onerous Conditions to enable the Parties within 15 Working Day of the list being supplied to jointly determine whether or not any of the proposed conditions is a Waterfront East Onerous Condition and if so and once such list of Waterfront East Onerous Conditions is approved by the Parties the Buyer shall use reasonable endeavours to negotiate a solution with the Authority. The Buyer agrees and accepts that any revision to a solution or variation to a stipulation by the Council once provided to the Buyer under this clause as it relates to a Waterfront East Onerous Condition must first be approved (in writing) by the Council before being proposed and settled with the Authority. 13.6.2 Subject to clause 13.6.1 in the event that the Authority: (A) issues a Planning Permission (or resolves to grant the same) which the Buyer considers to be or will be subject to Onerous Conditions; or (B) the form of Planning Agreement required by the Authority contains provisions which the Buyer considers to be Onerous Conditions, then the Buyer will as soon as reasonably possible and in any event within four weeks of the issuing of such Planning Permission (or the resolution to grant if appropriate) or the final agreement of the form of the Planning Agreement (time to be of the essence of this clause 13.6.2) so notify the Council in writing (the "Buyer's Planning Condition Notice") including in the Buyer's Planning Condition Notice a statement of the reasons for such view PROVIDED THAT the service of the Buyer's Planning Condition Notice shall be without prejudice to the Buyer's continued obligation pursuant to clause 13.6.1 and if the Buyer fails to serve the Buyer's Planning Condition Notice upon the Council within the specified four week period the Buyer is deemed at the expiry of such period to have accepted the said permission or approval as not containing any Onerous Conditions with the provisions of clause 13.6.6 still applying in relation to any Waterfront East Onerous Conditions. 13.6.3 In the event that: (A) the First Secretary of State grants a Planning Permission following a Call I...
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Onerous Conditions. 2.1 An Onerous Condition is one which contains an obligation or restriction of any one or more of the following kinds: (a) requiring the expenditure of money or other consideration on the provision of any infrastructure, affordable housing or other works or amenity inside the Property or elsewhere which are not contained in the Planning Application which infringe the tests of reasonableness of such obligations from time to time laid down by the Secretary of State whether by circular or otherwise; (b) [other than in respect of Affordable Dwellings] limits the occupation and/or use of the whole or any material part of the Property to any designated occupier or class of occupier (whether by imposing a geographical qualification upon proposed occupiers or otherwise); (c) permits any use of the Property not materially in accordance with the Planning Application; (d) preventing development without: (i) a further planning permission; or (ii) the agreement or co-operation of an independent third party which cannot be obtained on terms, at a cost or within a time that are reasonable in the circumstances; and/or (e) requiring any matter, being something which is properly a reserved matter, to be submitted to the Local Planning Authority for approval within some period of less than three years after the grant of the Planning Permission. 2.2 The Tenant shall notify the Landlord in writing within 10 Working Days of the receipt of Planning Permission of whether or not the Tenant regards the Planning Permission as a Satisfactory Planning Permission and include its reasons if it considers that it is not a Satisfactory Planning Permission. 2.3 A Planning Permission shall be treated as a Satisfactory Planning Permission unless the Tenant notifies the Landlord within 20 Working Days of the receipt of the Planning Permission that the Tenant regards the Planning Permission as a Planning Refusal because of the presence of an Onerous Condition. 2.4 Any dispute between the Landlord and the Tenant as to whether a Planning Permission is a Satisfactory Planning Permission may be referred by either the Landlord or the Tenant to an Independent Person in accordance with clause 11 of this Agreement.
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Onerous Conditions. 9.1 An Onerous Condition is a condition attached to a Planning Permission or any provision in a Planning Agreement which is not an Acceptable Condition and which, in the reasonable opinion of the Tenant:
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Onerous Conditions. The Corporation agrees that Minors shall not be called upon to work under onerous conditions.
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Onerous Conditions. The Corporation agrees that Minors shall not be called upon to work under onerous conditions. NOTICE TO One week prior to first day of production, the Corporation shall endeavour to notify of any program which will involve the use of any Minors.
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Related to Onerous Conditions

  • Vendor’s Conditions The Vendor shall not be obligated to complete the Transaction unless, at or before the Closing Time, each of the conditions listed below in this section has been satisfied, it being understood that the said conditions are included for the exclusive benefit of the Vendor: (a) The representations and warranties of YC in this Agreement shall be true and correct on the Closing Date. (b) YC shall have performed and complied with all of the terms and conditions in this Agreement and the Payment Undertaking on its part to be performed or complied with on or before the Closing Date. (c) As evidence of the satisfaction of the conditions in sections 7.1 (a) and (b), YC shall deliver to the Vendor at the Closing Time a certificate of YC confirming the matters in sections 7.1 (a) and (b) and to the effect that as of the Closing Time all other conditions set forth in this section have been satisfied. The certificate shall be signed by two senior executive officers of YC acceptable to the Vendor, acting reasonably. Notwithstanding the foregoing, the receipt of such certificate and the completion of the Transaction shall not constitute a waiver (in whole or in part) of, or have the effect of modifying or qualifying in any way, any of the representations and warranties of YC made in or pursuant to this Agreement, each of which shall survive the Closing and remain in full force and effect for the benefit of the Vendor as provided in Article 9. (d) YC and the Buyer shall have delivered to the Vendor a legal opinion from counsel acceptable to the Vendor, acting reasonably, and in form and content satisfactory to the Vendor subject to reasonable qualifications, as to the due incorporation and organization of YC and the Buyer, the corporate power and authority of YC and the Buyer, the receipt of all necessary approvals by YC and the Buyer and the enforceability of this Agreement, the Payment Undertaking and the Covenant Escrow Agreement as against YC and the Buyer and the non-conflict of this Agreement, the Payment Undertaking and the Covenant Escrow Agreement with respect to the constating documents of YC and the Buyer and any Applicable Laws. (e) The Vendor Regulatory Approval shall have been granted, obtained and received unconditionally or on terms satisfactory to the Vendor, acting reasonably. (f) No Order shall have been made and no Legal Proceeding shall have been commenced or shall be pending or threatened against the other Party or its affiliates or which enjoins, restricts or prohibits, or which asserts a claim or seeks a remedy that would have the effect of enjoining, restricting or prohibiting the completion of the Transaction. If any condition in this section has not been fulfilled on or before the Closing Date or if any such condition is or becomes impossible to satisfy, other than as a result of the failure of the Vendor to comply with its obligations under this Agreement, then the Vendor in its sole discretion may, without limiting any rights or remedies available to the Vendor at law or in equity, either terminate this Agreement by written notice to YC, in which case the provisions of sections 2.5(c)(iii), (iv) or (v) shall be applicable, or waive compliance with any such condition without prejudice to its right of termination in the event of non-fulfilment of any other condition.

  • 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.

  • Hazardous Conditions Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor’s expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation. The Contractor shall take proper safety and health precautions to protect the Work, the workers, the public, and the property of others. The Contractor shall also be responsible for all materials delivered and Work performed until completion and acceptance of the entire construction Work, except for any completed unit of construction thereof which theretofore may have been accepted.

  • EXPRESS CONDITIONS A. The Employee will not receive compensation until they begin contracted service for the Board. B. Regardless of any board policy or term of this contract, the Board may, with two (2) weeks’ notice, lay-off or furlough the Employee with or without benefits and/or salary should the Board determine, in its sole discretion that exigent economic circumstances exist or that such a lay- off or furlough is in the best interests of the College. The Employee may be laid-off or furloughed to part-time status. If the Employee is laid off or furloughed to part-time status, the Employee will be paid salary pro rata, based on the Employee’s full-time salary. For Employees laid-off or furloughed to part-time status, the Board will determine whether benefits will be granted on a pro rata basis or continued in full for the duration of the lay-off or furlough. C. The Employee’s employment may be terminated with cause, or whenever in the discretion and judgment of the President or designee, if the Employee has failed to meet the performance expectations or productivity goals set by the College, including, but not limited to, income generating goals.

  • 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.