Easement Agreements. By acceptance hereof, Lender agrees that it shall execute and subordinate this Security Instrument and the other Loan Documents to (and Borrower shall be permitted to enter into without Lender’s consent) reasonable easements, restrictions, covenants, reservations and rights of way in the ordinary course of Borrower’s business for traffic circulation, ingress, egress, parking, access, utilities lines or for other similar purposes (including, without limitation, easements for fire exiting purposes, traffic and pedestrian circulation, landscaping and easements to governmental entities for road widening and corner roundings); provided, that, in each case or taken as a whole, the same do not have a Material Adverse Effect.
Easement Agreements. At the Closing, Buyer and Seller shall execute for each Site an Easement Agreement in the form attached hereto as Exhibit C, completed as required to cause the entity owning such Site to grant such Easements and licenses as are contemplated by such form of agreement and Exhibits B (Distribution Facilities), Exhibits C (Transmission Facilities), Exhibits F (Distribution Substation), and Exhibits G (Main Substation) thereto, forms of which are attached thereto. Such forms of Exhibits B, C, F and G to the agreements are subject to revision as the Parties may agree. The Parties shall engage in reasonable and good faith negotiations regarding such revisions so as to minimize the impact of the Seller's Easements, Easement areas and licenses on the Sites and Buyer's use thereof, consistent with the enjoyment by Seller of such Easements and license rights as Seller reasonably requires to continue its use, operation and maintenance of the Excluded Assets. The Parties shall also engage in reasonable, good faith negotiations to agree upon the rules and regulations under which Buyer will grant to Seller access to the Sites, and under which Seller will grant to Buyer access to Seller's Easements and Easement areas. Such rules and regulations shall be memorialized as Exhibit J to each agreement. 28
Easement Agreements. By acceptance hereof, Lender agrees that it shall execute and subordinate this Security Instrument and the other Loan Documents to (and Borrower shall be permitted to enter into without Lender’s consent) reasonable easements, restrictions, covenants, reservations and rights of way in the ordinary course of Borrower’s business for traffic circulation, ingress, egress, parking, access, utilities lines or for other similar purposes; provided, that, in each case or taken as a whole, the same do not have a Material Adverse Effect.
Easement Agreements. The Easement Agreements shall, collectively, reserve to the Seller certain rights and provide for certain easements in perpetuity, which shall include the following (all as more particularly set forth in the Easement Agreements):
(a) as to the Xxxxxxxx Parcel, easements for pedestrian and vehicular parking, ingress and egress; and
(b) as to Parcel 1, (i) easements for pedestrian and vehicular parking, ingress and egress, (ii) easements for the use of the loading dock for the Arena and ancillary equipment located within the area immediately surrounding the loading dock and related access, and (iii) easements appurtenant to the Arena for the benefit of Seller for utilities and for certain equipment necessary to operate and maintain the Arena, and any access related thereto.
Easement Agreements. Landlord warrants and represents that there is and shall be no reciprocal easement agreement, operating agreement or agreement of similar import encumbering or benefiting all or any portion of the Center, except for the REA, and other matters expressly disclosed on Exhibit G hereto. Landlord shall not enter into any agreement that in any manner or fashion (directly or indirectly) limits or interferes with Tenant’s rights and privileges under this Lease, interferes with the conduct of Tenant’s business in the Premises or increases the cost of doing business by Tenant or the cost of Tenant’s Work or creates or increases any obligations, restrictions or liabilities of Tenant. Landlord shall maintain all easements, including, without limitation those granted under the REA, that benefit the Premises or the Center in full force and effect throughout the Term and shall use all commercially reasonable efforts to enforce the REA, and all other cross easement rights, operating covenants and other similar rights, if any, in all material respects; provided that if Landlord fails to enforce such rights within thirty (30) days after notice from Tenant is received by Landlord (or such additional time as is reasonably required by Landlord), Landlord agrees that Tenant shall have the right to enforce said rights directly or in the name and on behalf of Landlord, and Landlord shall reimburse Tenant upon demand therefor for the reasonable expenses incurred by Tenant in enforcing such rights. In addition: (i) Landlord covenants and agrees to observe and perform all of the covenants, conditions, restrictions and obligations imposed on the “Declarant” under the REA, and (ii) Landlord shall use all commercially reasonable efforts to enforce (including, without limitation, enforcement by legal process) any provisions of the REA that directly or indirectly benefit the Premises. Upon written request of Landlord, Tenant shall give notice to terminate the parking agreement made as of the 1st day of October, 2010, by and between Tenant and Hxxxxxx Xxxx, Inc., a California corporation in accordance with the provisions of such parking agreement.
Easement Agreements. The President of Xxxxxx State University or the Vice President for Administration and Finance for Xxxxxx State University are authorized to enter into utility related easement agreements for Board of Trustee approved capital projects. Other real
Easement Agreements. If Seller is a party thereto, counterparts of the Access Easement Agreement, Drainage Easement and any other easements agreed to by the parties pursuant to Paragraph 2.3, in the forms agreed to by the parties, executed and acknowledged by Seller;
Easement Agreements. GE Capital shall have received a true and complete copy of each Easement Agreement (except for those set forth on Part B of Schedule 2 which are to be obtained after the Initial Loan Funding Date) in form and substance satisfactory to it, certified by the Partnership as such on the Initial Loan Funding Date. Each counterparty to an Easement Agreement shall have executed a consent to assignment of its Easement Agreement to the Security Agent, for the benefit of GE Capital and the Owner Trustee.
Easement Agreements. Except as set forth on Exhibit D or Schedule 14:
(1) to the knowledge of the Corporation, no payment is required to be made by the Corporation or either of the Subsidiaries, nor is the Corporation or either of the Subsidiaries entitled to receive any income, under any recorded or unrecorded Easement Agreement and there are no unrecorded Easement Agreements; and
(2) to the knowledge of the Corporation, neither the Corporation nor any of the other parties to the Easement Agreements is in default (beyond any grace period provided by such Easement Agreement) in the performance or observance of any of the other covenants or conditions to be kept, observed or performed by it under the Easement Agreement.
