Berm Agreement Clause Samples

Berm Agreement. The parties hereto acknowledge that there now exists a natural berm located upon the Combined Property (the “Berm”). For the benefit of Apartment Owner, Purchaser and Seller hereby agree to enter into at Closing an agreement (the “Berm Agreement”) which shall provide that the Apartment Owner shall have the right, but not the obligation, to grade and remove all or portions of the Berm located on the, (the real property currently owned by Purchaser upon which property a branch of Piedmont Bank is currently located, the “Bank Property”. The Property and the Bank Property, together, the “Combined Property”) Combined Property within the area cross-hatched on Exhibit D and identified as the “Grading Easement Area” and use such soils for fill and grading purposes on the Apartment Property (including without limitation, for purposes of the Grading Easement (as defined below)) as part of the intended development of the Apartment Property. The Apartment Owner will be responsible, at its sole cost and expense, for the design, permitting and construction necessary to complete the Berm removal. Among other items Seller and Purchaser deem necessary, the Berm Agreement shall provide for the following: a. A grading easement for the benefit of the Apartment Property to allow the Apartment Owner, the right to enter upon the Grading Easement Area for grading and temporary construction purposes, as may be required to grade the Apartment Property (the “Grading Easement”). b. Apartment Owner will have the right, but not the obligation, to remove the Berm from the Grading Easement Area as and to the extent Apartment Owner deems necessary to level, balance, and grade the Apartment Property and/or the Grading Easement pursuant to a grading plan (the “Grading Plan”), which Grading Plan will provide, among other things, that the graded elevation of the Grading Easement Area after Berm removal shall be at 1015.00 feet. The Grading Plan will be agreed upon between Apartment Owner and Purchaser following the Closing hereunder; c. The rights of Apartment Owner set forth in the Berm Agreement shall be exclusive and shall survive the Closing and shall be memorialized in the public records, and shall run with the Combined Property for the benefit of the Apartment Property; d. The Apartment Owner shall provide written notice to Purchaser, on or before March 31, 2013, of its intention to remove the Berm (“Removal Notice”). The removal of the Berm shall be at the sole cost and expense of Apar...
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Related to Berm Agreement

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively: (a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit; (b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.

  • Cooperation Agreement At the Closing, PCC and Buyer shall, and PCC shall cause PCC Parent to, execute and deliver the Cooperation Agreement pursuant to which Buyer, PCC Parent and PCC shall provide each other certain information and other assistance in connection with the collection, administration and/or satisfaction of certain of the Retained Liabilities.

  • Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Short-Term Reliability Process Solution, the ISO shall tender to the Developer that proposed the selected transmission Short-Term Reliability Process Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its Reliability Planning Process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Short-Term Reliability Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the STAR or Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Short-Term Reliability Process Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.

  • Item Agreement As negotiated items are agreed upon, they shall be reduced to writing and initialed by the chief negotiator of each party. Such initialing shall be construed as tentative agreement by both parties on that item or issue, subject to finalization by ratification by the membership of the Association and adoption by the Board.

  • Services Agreement “Services Agreement” shall mean any present or future agreements, either written or oral, between Covered Entity and Business Associate under which Business Associate provides services to Covered Entity which involve the use or disclosure of Protected Health Information. The Services Agreement is amended by and incorporates the terms of this BA Agreement.