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S. ZONING AND ENVIRONMENTAL PROCEEDINGS <br /> (a) (i)The following shall apply if any zoning law or other applicable legal requirement prohibits or <br /> restricts the use of the"Project Improvements"for the purposes designated in the Contract Schedule as the <br /> "Project Purposes'in the sole and absolute judgment of Purchaser or if any zoning law or other applicable <br /> legal requirement renders the use of the Project Improvements for the Project Purposes economically <br /> unfeasible in the sole and absolute judgment of Purchaser. <br /> (1) Purchaser may apply for any variance or special use permit which may be necessary to <br /> render the construction of the Project Improvements and their use for the Project Purposes legal and <br /> economically feasible. <br /> (2) Seller shall cooperate with Purchaser in connection with the application and the <br /> prosecution of the application. To this end,Seller shall join in the execution of the application, execute sup- <br /> porting affidavits, furnish appropriate information from time to time,and appear as a witness in connection <br /> with any proceedings relating to the application. <br /> (3) Seller shall consent to postpone the Closing Date to the extent necessary for Purchaser <br /> to complete all proceedings (including litigation and appeals)which may be necessary to obtain any variance <br /> or special use permit required under the circumstances. <br /> (it) (1) If a variance or special use permit for which Purchaser is entitled to apply pursuant to <br /> part (i) is not issued within a reasonable time in Purchaser's opinion, Purchaser may dispute the failure to <br /> issue the variance or special use permit,bring legal proceedings to require that the variance or special use <br /> permit be issued,appeal any adverse decisions,and defend any appeals of favorable decisions. <br /> (2) If a variance or special use permit for which Purchaser is entitled to apply pursuant to <br /> part (i) is issued and any person commences legal proceedings to contest the issuance,Purchaser may <br /> dispute the proceedings,appeal any adverse decisions and defend any appeals of favorable decisions; and <br /> Purchaser may do so in the name of Seller,Purchaser or both.. <br /> (3) Seller shall fully cooperate with Purchaser in all respects in connection with the <br /> proceedings. <br /> (iu)A variance or special use permit shall be deemed to have been "Validly Issued"only if the <br /> variance or special use permit has been issued and if either the time within which to dispute the issuance <br /> shall have expired or any dispute relating to the issuance shall have been resolved in favor of the issuance. <br /> (b) (i) (1) Purchaser may apply to the applicable governmental authorities in the name of Seller, <br /> Purchaser, or both for all appropriate approvals relating to hazardous substances. <br /> (2) Seller shall cooperate with Purchaser in connection with the application and the <br /> prosecution of the application. To this end,Purchaser shall execute a disclosure statement relating to <br /> hazardous substances and supporting affidavits,furnish appropriate information from time to time,and <br /> appear as a witness in connection with any proceeding relating to the application. <br /> (3) Seller shall consent to postpone the Closing Date to the extent necessary for Purchaser <br /> to complete all proceedings (including litigation and appeals)which may be required for the grant of all <br /> necessary approvals relating to hazardous substances <br /> (ii) (1) If any necessary approval relating to hazardous substances is not issued within a <br /> reasonable time in Purchaser's opinion,Purchaser may dispute the failure to grant the approval,bring legal <br /> proceedings to require that the approval be granted,appeal any adverse decisions,and defend any appeals <br /> of favorable decisions. <br /> (2)If all necessary approvals relating to hazardous substances are granted and a person <br /> commences legal proceedings to contest the grant or issuance,Purchaser may dispute the proceedings, <br /> appeal any adverse decisions and defend any appeals of favorable decisions; and Purchaser may do so in the <br /> name of Seller,Purchaser,or both. <br /> (3) Seller shall fully cooperate with Purchaser in all respects in connection with the <br /> proceedings. <br /> (iu)A governmental approval relating to hazardous substances shall be deemed to have been <br /> 'validly issued" only if the approval has been granted and if either the time within which to dispute <br /> 4 <br />