Access and Utility Easement. In addition to the Premises, Lessor hereby grants and conveys to Lessee, its successors, assigns, subsidiaries and affiliates, for its use and the use by its sublessees, licensees and invitees a non-exclusive right of ingress, egress and regress, access and parking for vehicles, pedestrians, cranes, heavy equipment, tractors, trailers, and other motorized and non-motorized equipment, including trucks, as may be necessary from time to time and at any time, subject to the following:
(i) Access to the New Lease Area will require reasonable notice and consideration of operating hours of the Park and such access cannot interfere with operation of the adjacent Town property and facilities including the Public Safety Complex and the Park. After hours emergency access will be coordinated with Lessor’s staff.
(ii) Subject to the requirements of Sections 2.7(i), 2.10 and 6, Lessee may access the New Lease Area at all times during the Lease Term and shall have all additional rights of access, ingress and egress to and from the New Lease Area, provided that Lessee or Lessee's agents provide reasonable notice to allow for access and after hours emergency access, and provided that Lessee and Lessee’s agents or employees may not drive any vehicle in any area not designated for vehicular traffic, unless prior written approval has been granted by Lessor. If Lessor grants permission for Lessee to drive a vehicle in any area not designated for vehicular traffic, Lessee, upon receipt of notice thereof, shall immediately reimburse Lessor for any expenses incurred by Lessor to repair damage to the Property caused thereby.
(iii) Subject to the requirements set forth in Section 2.11, Lessee shall install separate meters for utilities used on the Premises, and Lessee may install utilities (including without limitation communications services, fiber and power) at Lessee’s sole expense, and improve the present utilities, if any, on the Property (the “Additional Utilities”). Lessee shall provide written notice to lessor at least thirty (30) days in advance of any required submission, permitting, plan review, or other governmental process of the Town of Queen Creek that may be applicable to any Additional Utilities. Lessee shall reasonably coordinate the installation of Additional Utilities with Lessor to accommodate opportunities for common installation of additional conduit for Xxxxxx’s uses, upon written notice from Lessor in advance of any installation of Additional Utilities. All...
Access and Utility Easement. At Closing, the University, NICDC and the City agree to create a thirty (30) feet wide nonexclusive north/south driveway access and utility easement (“Access and Utility Easement”) that runs with the land and located on Area B and NIC as follows:
i. The west boundary is located ten (10) feet west of and parallel to the one hundred and eighty-six (186) feet long common property line of Area B and NIC;
ii. The east boundary is located twenty (20) feet east of and parallel to the one hundred and eighty-six (186) feet long common property line of Area B and NIC; to permit motor vehicle and pedestrian ingress and egress (i) between Xxxxxxx Street Site and Area C to Invention Boulevard (east-west street that provides access to Salt Creek Roadway as shown on Exhibit “A”) and (ii) between NIC and Invention Boulevard (east-west street that provides access to Salt Creek Roadway as shown on Exhibit “A”) as shown on Exhibit “A”. The Access and Utility Easement will be substantially similar to the Access and Utility Easement shown on Exhibit “B’, which is attached hereto and incorporated herein by this reference.
Access and Utility Easement. During the Due Diligence period Buyer and Seller shall negotiate a form of non-exclusive ingress and egress easement to provide for vehicular access as well as utility lines from Xxxxxx Road to the Property across property owned by the Seller to be recorded at Closing (the “Access and Utility Easement”).
Access and Utility Easement. Landlord agrees to grant an access and utility easement through its property and maintain it all times sufficient under the following conditions:
Access and Utility Easement. Landlord hereby grants to Tenant, its successors and assigns, and any entity providing utility services to Tenant and the Expansion Project, an Access and Utility Easement encumbering the Access and Utility Easement Area to allow: (i) pedestrian ingress to and egress from the Leased Premises; (ii) vehicular ingress to and egress from the roadway system that is part of the Master Plan Improvements (as such term is defined in the Operating Agreement); and (iii) entry into, on, over, upon, across, through, and under the Access and Utility Easement Area for purposes bringing thermal energy and electric energy to the Leased Premises and Expansion Project, including the right to maintain above ground manholes and vents and other appurtenances necessary for the forgoing purposes. The Access and Utility Easement shall terminate upon the expiration of the Term of this Lease or the earlier termination hereof. In the event that Tenant or a third party purchases the Leased Premises pursuant to Section 43(e) of this Lease, the Access and Utility Easement shall become permanent and perpetual and subject to the terms of Section 38(a), 38(c) and 38(d) of this Lease. All improvements in the Access and Utility Easement Area are to be constructed and maintained by Tenant in a clean, safe and first class condition and repair and in material conformance with applicable statutes, ordinances, rules, regulations and codes, at Tenant’s sole cost and expense. The Access and Utility Easement shall be exercised by Tenant, its successors and assigns, and any entity providing utility services to Tenant and the Expansion Project in a manner that will minimize interference with the Landlord’s property adjacent to the Access and Utility Easement Area or any business conducted thereon, including, without limitation, minimal interruption of traffic on the surrounding roadways entering into or exiting Landlord’s said property.
Access and Utility Easement. The Access and Utility Easement shall be used by Grantee, its tenants, lessees, sublessees, licensees, agents, successors and assigns for ingress and egress from and to the Exclusive Easement, as well as the construction, installation, operation and maintenance of overhead and underground electric, water, gas, sewer, telephone, data transmission and other utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) with the right to construct, reconstruct, improve, add to, enlarge, change and remove such facilities, and to connect the same to utility lines located in a publicly dedicated right of way. Grantor shall not in any manner prevent access to, and use of, the Access and Utility Easement by Grantee or its tenants, lessees, sublessees, licensees, agents, successors and assigns and Grantor shall not utilize the Access and Utility Easement in any manner that interferes with Grantee’s or its tenants’, lessees’, sublessees’, licensees’, agents’, successors’ and assigns’ use of such area. If the Access and Utility Easement is currently used by Grantor or its tenants, then Grantee shall not in any manner prevent access to, and use of, the Access and Utility Easement by Grantor or its tenants.
Access and Utility Easement. The City shall grant an irrevocable non-exclusive access and utility easement in favor GSU to provide for delivery of certain utilities such as water, sewer, electrical, gas, telecommunication, and other such utilities to the Camp Parcel and GSU Exchange Property. With respect to the access road over the City Lands, the City shall continue to grant an irrevocable non-exclusive access road to GSU Lands and either provide for, or allow GSU to, maintain, repair, plow and perform other needed actions to keep the road clear and usable, as needed. The easements should cover and allow for GSU’s current utility infrastructure, as well as infrastructure and utilities to be added in the future. GSU shall grant an irrevocable emergency access and maintenance easement in favor t h e C i t y as required to provide such service from the existing GSU access road, through the GSU Lands to existing roads on the Cit y Pro pert y. All easements created under this Agreement shall be recorded in the office of the Wasatch County Recorder within two (2) business days of Closing.
