EXCLUSIVE PASSENGER RAIL USE Clause Samples

EXCLUSIVE PASSENGER RAIL USE. Notwithstanding the rights expressly reserved to the Department in this Agreement in connection with the Department’s use of the Property, in no event shall the Department enter into any other lease or agreement for (a) all or any part of the Property which would expressly allow or permit any such property to be utilized for purposes of providing passenger rail service between Orlando and any point(s) in Palm Beach County, Broward County, and/or Miami-Dade County, or (b) except as otherwise required by law or act of the Legislature, any other portion of the right-of-way owned by the Department, or any other Department property which would expressly allow or permit any such property to be utilized for purposes of providing passenger rail service between Orlando and any point(s) in Palm Beach County, Broward County, and/or Miami-Dade County. This restriction shall not be construed to prohibit the establishment of any passenger rail service (including commuter service) that does not connect Orlando to any points in Palm Beach County, Broward County, and/or Miami-Dade County. The covenants of the Department expressed in this section shall not be construed to restrict the use by a third p▇▇▇▇ of any property other than the Property that is currently owned by the Department, but which hereafter is sold, transferred, or otherwise conveyed by the Department to a third party under applicable provisions of law permitting the sale and transfer of property which the Department determines is not needed for a transportation facility. A determination by a court or other governmental agency with jurisdiction over the subject matter that the covenants of the Department expressed in this section are: (i) wholly or partially void or unenforceable; (ii) otherwise in excess of the Department’s statutory authority; or (iii) otherwise not controlling on the State of Florida, the Department, or its successors, shall not constitute an Event of Default by the Department and neither the State nor the Department shall have any liability to AAF, any Leasehold Mortgagee, or any other person as a result thereof. The Parties have executed this Agreement effective as of the Effective Date. State of Florida, Department of Transportation Witnesses: By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ A▇▇▇▇▇ ▇▇▇▇▇▇, P.E., Secretary /s/ S▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Print Name: S▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Legal Review: /s/ C▇▇▇▇▇ Del Moral Print Name: C▇▇▇▇▇ Del Moral /s/ [ILLEGIBLE] STATE OF FLORIDA ) )ss: COUNTY OF L▇▇▇ ) The foregoing instrume...