Declaration of Easement Sample Clauses

Declaration of Easement. The City hereby submits the Project Property to a “conservation easement,” as defined under the Act, in perpetuity, in and to the Structures as depicted in Exhibit B and which covenants contained herein contribute to the public purpose of conserving and preserving the Structures and accomplishing the other objectives set forth herein.
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Declaration of Easement. Subject to the terms and conditions of this Agreement, Owner hereby declares a perpetual, non-exclusive easement over and across the exterior, ground level of the Civic Square for the purpose of the general public utilizing the Civic Square for pedestrian access, passage, and temporary gathering. Notwithstanding the foregoing, such easement shall not include any right of use of the Civic Square by bicycles, segways, rollerblades, skateboards, scooters or other wheeled or motorized devices (other than wheelchairs).
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Declaration of Easement. Buyer shall comply, at its sole cost and expense, with all obligations of Ferro and its successors and assigns after Closing in connection with the Declaration of Easement dated June 20, 2012 attached as Exhibit N, including, without limitation, the indemnification obligations in Sections D and F therein.
Sample 1
Declaration of Easement. City, for itself as owner of the City Property and its successors and assigns, hereby grants and conveys to Owner a perpetual exclusive easement (the “Easement”), as an appurtenance to the Property over the City Property for the construction, maintenance and use of the Encroachments as described herein.
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Declaration of Easement. This Declaration is executed by Acres, Inc. (“Declarant”) as the owner of the real estate located in Xxxxx County, Indiana described as follows (the “Subject Property”): PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 31 NORTH, RANGE 11 EAST, XXXXX COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING ON THE NORTH LINE OF SAID FRACTIONAL NORTHWEST QUARTER, AT A POINT SITUATED NORTH 90 DEGREES 00 MINUTES EAST, A DISTANCE OF 260.5 FEET FROM THE NORTHWEST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE NORTH 90 DEGREES 00 MINUTES EAST, ON AND ALONG THE NORTH LINE OF SAID FRACTIONAL NORTH- WEST QUARTER, BEING WITHIN THE RIGHT-OF-WAY OF YELLOW RIVER ROAD, A DISTANCE OF 534.9 FEET TO A POINT SITUATED SOUTH 90 DEGREES 00 MINUTES WEST, A DISTANCE OF 450.6 FEET FROM THE NORTHEAST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 38 MINUTES EAST, PARALLEL TO THE EAST LINE OF SAID FRACTIONAL NORTHWEST QUARTER, A DISTANCE OF 1572.1 FEET; THENCE SOUTH 72 DEGREES 28 MINUTES EAST, PARALLEL TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE PENN-CENTRAL RAILROAD, A DISTANCE OF 474.2 FEET TO A POINT ON THE EAST LINE OF SAID FRACTIONAL NORTHWEST QUARTER, SAID POINT BEING SITUATED SOUTH 00 DEGREES 38 MINUTES EAST, A DISTANCE OF 1715.0 FEET FROM THE NORTHEAST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 38 MINUTES EAST, ON AND ALONG SAID EAST LINE, A DISTANCE OF 405.2 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PENN-CENTRAL RAILROAD; THENCE NORTH 72 DEGREES 28 MINUTES WEST, ON AND ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1299.6 FEET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE NORTH 01 DEGREES 00 MINUTES WEST, ON AND ALONG SAID WEST LINE, BEING WITHIN THE RIGHT-OF-WAY OF WEST COUNTY LINE ROAD, A DISTANCE OF 1394.35 FEET TO A POINT SITUATED SOUTH 01 DEGREES 00 MINUTES EAST, A DISTANCE OF 334.45 FEET FROM THE NORTHWEST CORNER OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE NORTH 90 DEGREES 00 MINUTES EAST, PARALLEL TO SAID NORTH LINE, A DISTANCE OF 260.5 FEET; THENCE NORTH 01 DEGREES 00 MINUTES WEST, PARALLEL TO SAID WEST LINE, A DISTANCE OF 334.45 FEET TO THE POINT OF BEGINNING, CONTAINING 35.773 ACRES OF LAND, MORE OR LESS. EXCEPTING THEREFROM: A PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 31 NORTH, RANGE 11 EAST, XXXXX COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST COR...
Sample 1
Declaration of Easement. This Declaration is executed by the trustee(s) of the Xxxxxx X. Xxxxx Revocable Trust dated August 15, 2005 (“Declarant”) as the owner of the real estate located in Xxxxxxx County, Indiana and described in the attached Exhibit A (the “Subject Property”). Declarant may hereafter convey all or part of the Subject Property by one or more conveyances creating two or more separate parcels. In connection with such conveyance(s), Declarant intends to provide for access to a suitable outlet, if any, for a Perimeter Drain that may be required for an Approved Septic System within a Benefited Parcel.
Sample 1
Declaration of Easement. Subject to the terms and conditions of this Agreement, Owner hereby declares a perpetual, non-exclusive easement over and across the exterior, ground level of Central Open Space Easement Area for the purpose of the general public utilizing the Central Open Space Feature for pedestrian access, passage, and temporary gathering. Notwithstanding the foregoing, such easement shall not include any right of use of the Central Open Space Feature by bicycles, segways, rollerblades, skateboards, scooters or other wheeled or motorized devices (other than wheelchairs). This easement also includes the right of the City to allow the stormwater within the Central Stormwater Utility to temporary overflow and encroach onto the Central Open Space Easement Area in a manner consistent with the engineering specifications of the Central Stormwater Utility as set forth in the Site Improvement Performance Agreement.
Sample 1
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Declaration of Easement. For and in consideration of the sum of less than One Hundred Dollars ($100.00) consideration paid by Grantee to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, convey, and assign unto the Grantee, its successors and assigns, a non-exclusive, perpetual, and permanent easement and right of way, over, under, across and through the property known as 000-000 Xxxxx Xxx., Xxxxxxx, Xxxxxxxx and 000-000 Xxxxx Xxx., Xxxxxxx, Xxxxxxxx, situated in the City of Holland, County of Ottawa, and State of Michigan and legally described as:
Sample 1
Declaration of Easement. 2.1.1 There is hereby created for the benefit of the Grantee a non-exclusive perpetual easement in, under, upon, over and across the Property within the bounds of the Easement Area. The Easement shall be used for the purpose of the installation, operation, maintenance, inspection, repair, removal, replacement and enlargement of Telecommunications Systems, whether now existing or hereafter installed, in the Easement Area. The Easement granted herein includes, without limitation, the right to install, maintain and operate conduit, innerducts, cable and wiring under the Easement Area, as well as the placement, installation, maintenance and operation of other equipment, fixtures, manholes and other means of access in, under, upon, over and across the Easement Area. The Grantee shall have the right to use the Easement Area, in whole or in part, as may be deemed necessary or advisable by the Grantee to provide telecommunications services to its customers, wherever situated. 2.1.2 The Easement includes, and the Grantee is hereby granted, rights and easements, privileges and appurtenances over and across the Property necessary or convenient for the full enjoyment and use of the rights herein granted, including, but not limited to, the rights of ingress and egress over and across the Property to and from the Easement Area, the right to clear and keep cleared any and all obstructions which might endanger or interfere with the construction, operation, maintenance, safety or efficiency of any Telecommunications System or parts thereof, including, without limitation, the right to clear and keep clear all trees, roots, brush and other obstructions located in and around the Easement Area. 2.1.3 All Telecommunications System equipment installed by Grantee in the Easement Area shall remain the personal property of Grantee, its successors or assigns, and neither the Fee Owner nor any person or entity claiming by, through or under the Fee Owner shall have any rights to use, operate, remove or disturb such personal property of Grantee without Grantee's prior written consent. 2.1.4 All Telecommunications Systems installed pursuant to this Declaration shall be installed underground, except for (i) manholes installed at grade (flush with ground level); and (ii) customary above-ground appurtenant facilities of underground Telecommunications Systems.
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Related to Declaration of Easement

  • Grant of Easement Subject to clauses 2 to 4 inclusive of this Part, the Water Authority will grant to the Joint Venturers an easement over the Water Authority Land in accordance with clause 5 of this Part.

  • Grant of Easements Provided no Event of Default has occurred and is continuing, Landlord will join in granting and, if necessary, modifying or abandoning such rights-of-way, easements and other interests as may be reasonably requested by Tenant for ingress and egress, and electric, telephone, gas, water, sewer and other utilities so long as: (a) the instrument creating, modifying or abandoning any such easement, right-of-way or other interest is satisfactory to and approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned); (b) Landlord receives an Officer’s Certificate from Tenant stating (i) that such grant, modification or abandonment is not detrimental to the proper conduct of business on such Property, (ii) the consideration, if any, being paid for such grant, modification or abandonment (which consideration shall be paid by Tenant), (iii) that such grant, modification or abandonment does not impair the use or value of such Property for the Permitted Use, and (iv) that, for as long as this Agreement shall be in effect, Tenant will perform all obligations, if any, of Landlord under any such instrument; and (c) Landlord receives evidence satisfactory to Landlord that the Manager has granted its consent to such grant, modification or abandonment in accordance with the requirements of such Manager’s Management Agreement or that such consent is not required.

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect; (b) All easements granted pursuant to the REA which were to have survived the site preparation and completion of construction (to the extent that the same has been completed), remain in full force and effect and have not been released, terminated, extinguished or discharged by agreement or otherwise; (c) All sums due and owing by Borrower to the other parties to the REA (or by the other parties to the REA to the Borrower) pursuant to the terms of the REA, including without limitation, all sums, charges, fees, assessments, costs, and expenses in connection with any taxes, site preparation and construction, non-shareholder contributions, and common area and other property management activities have been paid, are current, and no lien has attached on the Property (or threat thereof been made) for failure to pay any of the foregoing; (d) The terms, conditions, covenants, uses and restrictions contained in the REA do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in any Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions; and (e) The terms, conditions, covenants, uses and restrictions contained in each Lease do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in the REA, any other Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions.

  • Granting of Easements If no Event of Default under this Project Lease shall have happened and be continuing, the Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Owner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

  • Utility Easements There is hereby reserved for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation and maintenance of utilities and drainage facilities of convenience or necessity as may be requested or required by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area and the buildings constructed within the Center, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and lines, and other similar or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained under the terms of this Declaration in a safe and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

  • Deed Restrictions The Recipient shall record the Deed Restrictions together with the deed. The Recipient agrees that the Deed Restrictions shall be perpetual and shall not be amended, released, extinguished or otherwise modified without the prior written approval of the Director, at the Director's sole and absolute discretion, who shall have full enforcement authority with respect to the Deed Restrictions. If any amendment, release, extinguishment or other modification of the Deed Restrictions should occur without the prior written approval of the Director, the Recipient or its successors and assigns as owner of the Land or interest therein, shall pay to the OPWC upon demand from the Director the following: 1) all grant funds disbursed under this Agreement; and 2) liquidated damages equal to one hundred percent (100%) of the Funds disbursed by the OPWC for the Project together with interest accruing at a rate equal to six percent (6%) per annum from the date of Recipient's receipt of the grant.

  • Covenants and Restrictions Subject to the provisions o f Paragraph 10(e) hereof, Employee covenants that, except in carrying out his duties hereunder, during the term of his employment and for a period of five (5) years following the date of termination of employment hereunder (unless such longer period of time is specifically set forth herein): (a) Employee will not directly or indirectly, own any interest in, participate or engage in, assist, render any services (including advisory services) to, become associated with, work for, serve (in any capacity whatsoever, including, without limitation, as an employee, consultant, advisor, agent, independent contractor , officer or director) or otherwise become in any way or manner connected with the ownership, management, operation, or control of , any business, firm, corporation, partnership or other entity (collectively referred to herein as a "Person") that engages in, or assists others in engaging in or conducting any business, which deals, directly or indirectly, in products or services similar to or competitive with the Company's product line or services in the United States, Canada, or Western Europe; provided, however, the above shall not be deemed to exclude Employee from acting as director of a corporation for the benefit of the Company with the consent of the Company's Board of Directors; provided further, however, that the above shall not be deemed to prohibit Employee from owning or acquiring securities issued by any corporation which neither directly nor indirectly competes with the Company and whose securities are listed with a national securities exchange or are traded in the over-the-counter market, provided that Employee at no time owns, directly or indirectly, beneficially or otherwise, five (5%) percent or more of any class of any such corporation's outstanding capital stock. (b) Employee will not knowingly provide or solicit to provide to any Person or individual (i) any goods or services which are competitive with those provided by the Company or which would be competitive with the goods or services that the Company has planned to provide, or (ii) any goods or services to any customer of the Company. The term "customer" shall mean any Person or individual to whom the Company has provided goods or services within the twenty-four (24) month period prior to the termination of Employee's employment hereunder. Notwithstanding anything herein to the contrary, no limitation shall be imposed on Employee hereunder with respect to any goods and services that the Company has planned to provide and which are not actually being provided at the time of the termination of Employee's employment hereunder or which are not actually provided within eighteen (18) months following the termination of Employee's employment hereunder.

  • TENANCIES AND RESTRICTIVE COVENANTS The Property is believed to be and shall be taken to be correctly described and is sold subject to all express conditions, restrictions-in-interest, caveats, leases, tenancies, easements, liabilities, encumbrances and rights, if any, subsisting thereon or thereover without the obligation to define the same respectively and the Purchaser is deemed to have full knowledge thereof.

  • License and Restrictions (i) Subject to the terms of this Agreement, we hereby grant you a limited, personal, revocable, nonexclusive, nonsublicensable, nonassignable, nontransferable, nonresellable license and right to use the Application for the sole purpose of your use of the Mobile Deposit Service. (ii) You acknowledge and agree that any and all intellectual property rights (the "IP Rights") in the Service and the Application are and shall remain the exclusive property of us. Nothing in this Agreement intends to or shall transfer any IP Rights, or to vest any IP Rights in, to you. You are only entitled to the limited use of the rights granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of applicable intellectual property laws. You acknowledge and understand that all title and rights in and to any third party content that is not contained in the Service and Application, but may be accessed through the Service, is the property of the respective content owners and may be protected by applicable patent, copyright, or other intellectual property laws and treaties. (iii) You agree not to sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or Service or any part thereof without our prior written consent. (iv) You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Application, the Service, or any part thereof. You agree not intercept, capture, emulate, or redirect the communications protocols used by us for any purpose, including without limitation causing the Service or Application to connect to any computer server or other device not authorized by us. (v) We reserve the right to add or delete features or functions, or to provide programming fixes, updates and upgrades to the Service or Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new version of the Service or Application. (vi) We have no obligation whatsoever to furnish any maintenance and support services with respect to the Service or Application, and any such maintenance and support services provided will be provided at our discretion. (vii) You grant to us a nonexclusive, perpetual, non-revocable, royalty free license to use, retain, and share any information transmitted through the Application by you, including your location, device-based location information, account numbers, name, date, account amount, and endorsements solely for the purpose of providing the Service. This license shall survive termination of this Agreement for such period as necessary for us to provide the Service, comply with the law, or comply with internal guidelines or procedures.

  • Declaration of Compliance Within 90 Days of the HSP’s fiscal year-end, the Board will issue a Compliance Declaration declaring that the HSP has complied with the terms of this Agreement. The form of the declaration is set out in Schedule F and may be amended by the Funder from time to time through the term of this Agreement.

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