Easements & Rights of Way. The property is offered, subject to and with the benefit of all existing rights of way whether public or private light support drainage or water electricity supplies and other rights and obligations easements quasi-easements and restrictive covenants and all existing and proposed wayleaves, poles, masts, pylons, stays, cables, drains, water, gas and other pipes whether referred to herein or not.
Easements & Rights of Way. In the event any easements are required by Enbridge Gas to service the development, the Owner shall provide these to Enbridge Gas Distribution at no cost.
Easements & Rights of Way. (a) The Owner shall, in words satisfactory to Bell Canada, grant to Bell Canada any easements that may be required, which may include a blanket easement for communications / telecommunications infrastructure. In the event of any conflict with existing Bell Canada facilities or easements, the Owner shall be responsible for the relocation of such facilities or easements.
(b) In the event any easements are required by Enbridge Gas to service the development, the Owner shall provide these to Enbridge Gas Distribution at no cost.
Easements & Rights of Way. In addition to the Primary Lease, Vesting Deed and Condominium Instruments, this Sublease is subject to existing easements and rights-of-way of record and to (i) the Utility Sublease and License Agreement dated July 31, 1992 by and between PDA and Public Service Company of New Hampshire (“PSNH”), (ii) the utility Sublease and License Agreement dated May 10, 1995 by PDA and New England Telephone and Telegraph Company (“NETEL”); (iii) the Wastewater Disposal and Water Service Facilities Sublease and License Agreement dated as of January 1, 1993 and amended July 1, 1998 by and between PDA and the City of Portsmouth (“COP”) and (iv) the Pipeline Easement and Transfer Agreement dated August 12, 1998 by and between PDA, Portland Natural Gas Transmission System and Maritimes & Northeast Pipeline, L.L.C. Furthermore, in the Vesting Deed, the Government reserves, on behalf of the Federal Aviation Administration (“FAA”) for the use and benefit of the public, an avigation easement and a right of way for the free and unobstructed passage of aircraft in the airspace above the surface of the Airport, together with the right to cause in such airspace such sound, vibrations, fumes, dust, fuel particles, and all other effects as may be caused by the operation of aircraft, now known or hereafter used, for the navigation through or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport.
Easements & Rights of Way. This Sublease is subject to existing easements and rights-of-way of record and to (i) the Utility Sublease and License Agreement dated July 31, 1992 by and between PDA and Public Service Company of New Hampshire ("PSNH"); (ii) the Utility Sublease and License Agreement dated May 10, 1995 by and between PDA and New England Telephone and Telegraph Company ("NETEL"); (iii) the Wastewater Disposal and Water Service Facilities Sublease and License Agreement dated as of January 1, 1993 and amended July 1, 1998 by and between PDA and the City of Portsmouth ("COP") and (iv) and to the Pipeline Easement and Transfer Agreement dated August 12, 1998 by and between PDA, Portland Natural Gas Transmission System and Maritimes & Northeast Pipeline, L.L.C. The Government reserves for the use and benefit of the public, a navigation easement and a right of way for the free and unobstructed passage of aircraft in the airspace above the surface of the Airport, together with the right to cause in such airspace such sound, vibrations, fumes, dust, fuel particles, and all other effects as may be caused by the operation of aircraft, now known or hereafter used, for the navigation through or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport.
Easements & Rights of Way. 4.01 When one party owns existing poles on a right-of-way or easement, and no rights under such right-of-way or easement were obtained for the other party at the time the poles were erected, the party desiring to place Attachments on such existing poles will be required to obtain its own necessary rights. In the event the party owning such existing poles has not obtained its own right-of-way or easement, the procedure to be followed in obtaining such shall be determined by mutual agreement.
4.02 To the extent allowed by law, each party, as Joint Partner, xxxxxx agrees to indemnify, defend and save Owner harmless from any and all claims, resulting from or arising out of the failure of Joint Partner to secure such right, license, permit or easement for the construction or maintenance of said Attachments on Owner's poles, the loss of right- of-way or property owner consent, of the costs of relocating any of Owner's facilities or other attachments on Owner's poles. This shall not be construed as a waiver of sovereign immunity for the City beyond the waiver provided in section 768.28, Florida Statutes. As applicable, all of the terms of the indemnity set forth in Section 18 of this Agreement are incorporated herein and shall apply with equal force to the indemnity set forth in this Section.
Easements & Rights of Way. Central Telcom has no easements, rights of way, and leases with respect to real property.
Easements & Rights of Way. Each of Seller and each Seller Subsidiary has a valid leasehold interest in or right to use, free and clear of all liens and payments, each real property easement, right of way, and lease that is required for its business, operations, and affairs as currently being or contemplated to be conducted. Each such easement, right of way, and lease is set forth as Item 2.23 on the Seller Disclosure Schedule, is in full force and effect and constitutes a legal, valid, and binding obligation of Seller or a Seller Subsidiary and (to the knowledge of Seller) each other party thereto, enforceable against the parties thereto in accordance with the terms thereof. There have been no disputes concerning rights of way in which Seller or any Seller Subsidiary has been involved during the last five years. To the knowledge of Seller there are no events or circumstances that would materially and adversely affect Seller or any Seller Subsidiary's rights of way for its telephone and cables and lines to conduct its business as presently conducted.
Easements & Rights of Way. No easement, right of way or right in the nature of an easement, in, on, over, under or through the Protected Area shall be granted to any person, without the prior written consent of the Trust.
Easements & Rights of Way. Section 2.21 of Sellers Disclosure Schedule ------------------------- identifies
(i) each parcel of leased real property, and (ii) each material easement and license to use real property, that is required for its business, operations, and affairs as being conducted by COTC Companies as of the Execution Date. COTC Companies have a valid interest in or right to use each such lease, easement and license according to its terms. Each such lease, easement and license is in full force and effect and constitutes a legal, valid, and binding obligation of the applicable COTC Company and, to the knowledge of Sellers, each other party thereto, enforceable against the parties thereto in accordance with the terms thereof except as such enforcement may be limited by applicable bankruptcy, insolvency, moratorium, or similar laws affecting the enforcement of creditors' rights generally, or by general principles of equity (regardless of whether such enforceability is considered in a proceeding in law or in equity). There have been no disputes concerning material easements in which any COTC Company has been involved during the last five (5) years. To the knowledge of Sellers, there are no events or circumstances existing as of the Execution Date that would materially and adversely affect the rights of way of COTC Companies for its telephone and cables and lines with respect to the conduct of its business as presently conducted.
