Appurtenant Easements. As of the Effective Date, to the extent Lessor has the legal right to do so, Lessor hereby leases to Lessee and Lessee leases from Lessor for the Term, at the rental and upon all of the conditions set forth herein, the Appurtenant Easements. To the extent that any Appurtenant Easements that would otherwise be leased under this Lease, are not capable of being leased to Lessee without the consent of, or waiver by, any other party thereto or any other Person, or if such lease or attempted lease would constitute a breach thereof or a violation of any Legal Requirement, this Lease shall not constitute a lease, or an attempted lease of any such Appurtenant Easements. Promptly after the Effective Date, and for a period of one (1) year, Lessor shall use reasonable commercial efforts to obtain a consent or waiver to a lease from Lessor to Lessee of each such Appurtenant Easement that, but for the second sentence of this Section, would be leased; provided, however, that Lessor shall not be required to pay or provide any consideration to obtain such consent or waiver. Lessee shall have the right to take any actions necessary to keep such Appurtenant Easements in effect, including obtaining such consent or waiver described above.
Appurtenant Easements. Prior to the Closing Date, Purchaser and Seller shall cooperate in determining any Appurtenant Easements that may be necessary or convenient for Purchaser’s ownership of and access to the Timberlands, all of which Appurtenant Easements identified prior to Closing shall be included in the Conveyance Instruments granted to Purchaser. Further for a period of one (1) year following the Closing Date, in the event that Purchaser identifies any property owned by Seller or its Affiliates in the vicinity of any Timberlands that is required for one or more Appurtenant Easements to access the Timberlands (“Post-Closing Appurtenant Easement”), Seller shall grant (or shall cause its Affiliates to grant) such Appurtenant Easements to Purchaser to the extent Seller or an Affiliate of Seller owns the land over which the Appurtenant Easement is requested, all at no additional cost to Purchaser; provided, however, such no Appurtenant Easement shall have a material adverse effect on the use and enjoyment of the burdened property by Seller or its Affiliates. Seller and its Affiliates shall cooperate with Purchaser, at Purchaser’s sole cost and expense (but without payment of any fee for the granting of such Appurtenant Easement), in any commercially reasonable effort that may be necessary for Purchaser or any Person who may acquire facilities not included in the Property from Purchaser to acquire easement ownership in any Post-Closing Appurtenant Easement or to establish or confirm easement title to the Post-Closing Appurtenant Easements in Purchaser or such Person, including executing all documents pertaining to the Post-Closing Appurtenant Easements as are reasonably requested by Purchaser or any such Person.
Appurtenant Easements. The grant by Lessor to Lessee under the --------------------- Xxxxx Complex Ground Lease includes certain specified, nonexclusive easements, appurtenant to the Xxxxx Complex Leasehold and for the Xxxxx Complex Ground Lease Term, more particularly described as follows:
Appurtenant Easements. Landlord does hereby assign, grant and convey to Tenant, as easements appurtenant to the Premises, for and during the Lease Term (a) all of the easements and rights created in favor of the Premises pursuant to the Development Agreement and REA, and (b) a non-exclusive easement over that portion of the "Access Lane" contained within the Non-Leased Parking Garage Area, for the purpose of providing a means of ingress to and egress from the parking spaces in the Parking Garage which are included in the Premises.
Appurtenant Easements. The Premises are leased by Landlord to Tenant subject to and together with the non-exclusive easements, covenants, conditions and restrictions created and established (i) by that certain Declaration Regarding Outparcels by Landlord to be recorded in the Public Records of Brevard County, Florida (the "Declaration Regarding Outparcels"), a copy of which will be provided to Tenant by Landlord within thirty (30) days from the date of this Lease, (ii) by that certain Access, Landscaping, Lighting and Utility Easement by and among Landlord, The Viera Company and EPT DownREIT, Inc. dated as of October 27, 2003, recorded in Official Records Book 5103, page 0820, aforesaid records, as amended by that certain First Amendment to Access, Landscaping, Lighting and Utility Easement dated as of May 13, 2004, recorded in Official Records Book 5292, page 1958, aforesaid records (as amended, the "Access Easement"); and (iii) by that certain Joint Driveway Easement Agreement between Landlord and The Viera Company dated as of October 27, 2003, recorded in Official Records Book 5103, page 0644, aforesaid records (the "Driveway Easement"). The Declaration Regarding Outparcels, the Access Easement and the Driveway Easement shall all be deemed "Permitted Encumbrances."
Appurtenant Easements. PROPERTY APPURTENANT EASEMENTS -------- --------------------- Grainger House, PA 20 foot drainage easement PBV 204, Pages 31-32 10 foot sanitary sewer easement PBV 204, Pages 31-21 Xxxxxx House, PA Utility and drainage easements under Cross Easement Agreement recorded in RBV 2664, Page 158, as amended and recorded in RBV 2749, Page 772 30 foot utility easement PBV 52, Page 00 Xxxxxxx Xxxxx, AZ Easement Right as set forth in Access Easement Agreement recorded on February 6, 1998 in Recording No. 00-0000000. Xxxxx House, IA Together with the benefits of a 20 foot wide sewer easement as set forth in Document dated September 25, 1997, recorded October 10, 1997 as Instrument No. 970831. Mey House, NJ Together with Easement(s) in Deed Book 6358, Page 324 by and between Assisted Living Concepts, Inc., dated July 13, 1998, Recorded September (storm drain access and maintenance) Cardinal House, OH Together with the Appurtenant Easement as set forth in the Right of Way from Xxxxxxx X. Xxxxxx and Xxxxx X. Xxxxxx to Assisted Living Concepts, Inc., filed for record October 25, 1996, recorded in Volume 000, Xxxx 000 xx Xxxxxxxx Xxxxxx. Together with the Appurtenant Easement for a sewer line as set forth in the Easement from Xxxxxxx X. Xxxxxx and Xxxxx X. Xxxxxx to Assisted Living Concepts, Inc., filed for record June 13, 1997, recorded in Volume 000, Xxxx 000 xx Xxxxxxxx Xxxxxx.
Appurtenant Easements. NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, USE, ENJOYMENT AND OTHE RPURPOSES ON, OVER AND ACROSS THE COMMON ELEMENTS AS DEFINED IN AND SUBJECT TO THE DECLARATION, WHICH EASEMENTS ARE APPURTENANT TO PARCELS ONE (1), TWO (2) AND THREE (3) ABOVE.
Appurtenant Easements. HORIZON and RAMCO acknowledge that Exhibit "A" attached hereto reflects rights and easements appurtenant to the 15.001 acre tract described therein, and to the extent not previously granted, HORIZON and RAMCO hereby grant, bargain, sell, alien, remise, convey and confirm unto PHOENIX, its successors and assigns, the non-exclusive use and enjoyment of said appurtenant rights and easements.
Appurtenant Easements. The Parties hereby agree that the reciprocal easements granted in Sections 2.1a and 2.1b are non-exclusive, perpetual, are appurtenant to and run with and burden the land, are binding on the Parties as well as all successors and assigns thereof, and that the easements upon, into, over and under the SCC/Arrowhead Lands benefit the Xxxxxx Lands, and that the easements upon, into, over and under the Xxxxxx Lands benefit the SCC/Arrowhead Lands.
Appurtenant Easements. The reciprocal easements granted in Sections 1.a. and
