Common use of EXERCISE OF EMINENT DOMAIN Clause in Contracts

EXERCISE OF EMINENT DOMAIN. The Owner and the Holder shall use their best efforts against any attempt to exercise the power of eminent domain or other involuntary attempt to extinguish, limit, or impair this Covenant. In the event of a valid exercise of eminent domain, the Owner, Holder and Ohio EPA, may collectively agree to a settlement of terms that includes but is not limited to location of any easement, construction practices related thereto, or the fair market value of said interest in the Property. Such settlement shall be incorporated into the Covenant upon the approval of Ohio EPA.

EXERCISE OF EMINENT DOMAIN. The Owner and the Holder shall use their best efforts against any attempt to exercise the power of eminent domain or other involuntary attempt to extinguish, limit, or impair this Covenant. In the event of a valid exercise of eminent domain, the Owner, Holder and Ohio EPA, may collectively agree to a settlement of terms that includes but is not limited to location of any easement, construction practices related thereto, or the fair market value of said interest in the Property. Such settlement shall be incorporated into the Covenant or the Plan upon the approval of Ohio EPA.