Assignment of Easement. This Easement and its benefits shall be assignable by Grantee subject to the prior approval of the United States by and through the NRCS. Grantee may not transfer or assign its interest in the Property created by this Easement, except to a “qualified organization,” within the meaning of MCA Sections 76-6-104(5) and 76-6-204 and of Section 170(h)(3) of the Code. Any such qualified organization must agree to enforce in perpetuity the terms and Purposes of this Easement as a condition of such transfer or assignment. In addition, if Grantee is unable or unwilling to enforce the terms of this Easement in the event of a violation or threatened violation of the terms hereof, Grantor and Grantee expressly agree that Gallatin County shall have the right to require assignment of this Easement to Gallatin County to ensure that public benefits continue to be provided. Notwithstanding any provision that may be construed to the contrary, however, the right of assignment granted to Gallatin County in this Paragraph may not be exercised, except under the following circumstances:
(i) Grantee invites Gallatin County to assume its responsibilities for enforcement in the event of a violation or threatened violation; or
(ii) Grantee does not have the financial capacity or resources to enforce the terms of the Easement; or
(iii) The Attorney General of the State of Montana, after consultation with Gallatin County, NRCS, and Xxxxxxx, determines that:
(a) Grantee is not fulfilling the purposes and policies of the Montana Open Space Land and Voluntary Conservation Easement Act, §76-6-101 et seq., M.C.A., pursuant to which this Easement has been granted, or
(b) Grantee has abused its discretion to enforce the terms and conditions of this Easement under Section 5, Paragraph C. Grantee represents to Grantors that its present intention is to assign its interest in this Easement only in connection with dissolution of Grantee and with approval by the NRCS, representing the U.S. Secretary of Agriculture, and Gallatin County. Nothing in this Section 8 shall be deemed to diminish or be inconsistent with the rights of the United States as set forth in Section 1, Paragraphs D and E, and Section 5, Paragraph G of this Easement. Pursuant to Section 70-17-111(2), MCA, Grantor, Grantee, and the United States expressly acknowledge and agree that merger of ownership of this Easement and the fee interests in the Property shall not extinguish or terminate any of the terms, conditions, rights, and re...
Assignment of Easement. This easement may not be assigned or transferred without prior written approval of the GRANTOR. Such approval will not be unreasonably withheld.
Assignment of Easement. Upon conveyance by the Developer to the City of the Easement, the City shall assign the Easement (the “Subeasement”) to the Issuer. The Issuer shall pay to the City, from the proceeds of the Bonds, the Easement Price.
Assignment of Easement. Grantee may transfer or assign this Easement, provided that any such assignment or transfer must be made to a "qualified organization," within the meaning of Section 170(h)(3) of the Code, and, furthermore, the assignee must be organized or operated primarily or substantially for one or more of the conservation purposes specified in Section 170(h)(4)(A) of said Code. Any such qualified organization must agree in the assignment instrument to enforce in perpetuity the conservation purposes of this Easement. In the event assignment of this Easement becomes necessary, Grantee shall seek an assignee which is mutually acceptable to Grantee and Grantor. Grantee agrees that it will make a reasonable effort in the event of any assignment to suggest an assignee which is a qualified organization other than a governmental unit referred to in Section 170(c)(1) of the Code, which has conservation of scenic open space as a substantial organizational purpose, and Grantee further represents to Grantor that its present intention is to assign its interest in this Easement only in connection with a dissolution of Grantee.
Assignment of Easement. The Grantor may advise the Grantee at any time of his or her preference for a substitute qualified organization, in the event that the Grantee assigns the conservation easement. The Grantee shall take into account any such preference of the Grantor in the event the Grantee decides to assign this conservation easement. Upon windup The Grantee will identify a qualified organization that will be transferred this conservation easement in the event that the Grantee ceases to be able to hold the easement for any reason, including winding-up.
Assignment of Easement. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated there under, and authorized to acquire and hold conservation easements under Oklahoma Uniform Conservation Easement Act (60 O.S. §§ 49.1 - 49.8) (or any successor provision then applicable), or any public entity, such as the United States. As a condition of such transfer, Grantee shall require that the conservation purposes that this grant is intended to advance continue to be carried out. The Grantee shall notify the Grantors prior to any reassignment.
Assignment of Easement. Either party may assign this easement to their heirs, successors or assigns.
Assignment of Easement. This Assignment of Easement ("Agreement") is entered into effective the day of September, 2020, by and between Solera Oak Valley Greens Association, a California non-profit mutual benefit corporation ("Solera” or the “Association”) and the City of Beaumont, a general law city ("City").
Assignment of Easement. The Grantee may assign its interest in the Protected Property created by this Easement to a “qualified organization” (within the meaning of §170(h) (3) of the Internal Revenue Code) which is organized or operated primarily or substantially for one or more of the conservation purposes specified in §170(h)(4)(a) of said Code. Any such qualified organization shall agree to enforce the Conservation Purposes of this Easement.
Assignment of Easement. 15 8.5 Termination of Memorandum of Tenancy-In-Common Agreement........................................15
