Grant of Right of Way Sample Clauses

Grant of Right of Way. 3.2.1 The right of way to the Station Area, shall be granted to the Facility Manager in accordance with the terms of the SFM Agreement, provided that the Railway Administration, Authority and Facility Manager shall on or prior to such date as set out in SCSFMA, undertake a joint inspection and prepare and execute a joint inventory (the “Joint Inventory”) of the existing structures, assets and utilities on the Station Area, as also the Existing Contracts, and shall further record their quality, condition, functionality (and in case of the Existing Contracts their term and key financial terms), as also which of these structures, assets and utilities relate to the Excluded Activities. 3.2.2 The Joint Inventory shall be updated by Authority and Facility Manager prior to 30 days from the SFMA Appointed Date (or such other date as may be mutually agreed) to reflect any changes that may have occurred with respect to the structures, assets and utilities on the Station Area, or with respect to the Existing Contracts, whereupon the references to Joint Inventory in the Station Facility Management Agreement, shall be deemed to be references to such updated Joint Inventory. 3.2.3 The handover of the right of way to the Station Area shall be deemed to have been undertaken on the basis of the site inventory as set forth under the Joint Inventory (as revised prior to the SFMA Appointed Date, if any). The Facility Manager agrees and acknowledges that the SFM Project shall be undertaken in respect of the entirety of the structures, assets and utilities as identified under the Joint Inventory.

Grant of Right of Way. The Grantor grants to the Grantee the full, free and uninterrupted right-of-way, easement, right and privilege, for itself, its servants, agents, contractors, licensees and invitees to enter, pass and xxxxxx over the Land for the purpose of constructing, operating, maintaining and using the Recreation Improvements described or shown in Schedule “A” to this Agreement.

Grant of Right of Way. Grantor hereby grants and conveys to Grantee and its successors and assigns, a perpetual easement for right-of-way for the purpose of constructing, maintaining, removing and operating the AAF Improvements over, across and under (i) the property described in EXHIBIT “B-1”, attached hereto and made a part hereof by reference, “Rail Right-of- Way,” and (ii) the property described in EXHIBIT “B-2”, attached hereto and made a part hereof by reference, “Narcoossee Rail Right-of-Way; the Narcoossee Rail Right of Way together with the Rail Right of Way, are collectively referred to as the “Right of Way.” (The grant of Right of Way is exclusive as to the Rail Right of Way referenced in Exhibit B-1 but non-exclusive as to the Narcoossee Rail Right of Way referenced in Exhibit B-2.) Grantee acknowledges that a portion of the slope supporting the Pond berm and maintenance road is located within the Rail Right-of-Way, such portion hereinafter referred to as the “Slope”, and Grantee hereby assumes full cost and responsibility to maintain the Slope and its functioning integrity in perpetuity. Grantee further assumes any and all liability, claims and damages related to the Slope and shall indemnify and hold Grantor harmless from and against any such liability, claims and damages. Grantee acknowledges that Grantor currently operates and maintains a portion of Narcoossee Road and attendant improvements, “Narcoossee Road,” over, under and upon the Narcoossee Rail Right of Way, as shown in Exhibit B-2. Notwithstanding this Grant of Right of Way, Grantor and Grantee agree that Grantor and its successors in interest shall, and are hereby authorized to, continue to operate, repair and maintain Narcoossee Road in its current configuration and shall be entitled to make any reasonable use of the Right of Way in the future that is not inconsistent with Grantee’s use and provided such use does not unreasonably (a) interfere with Grantee’s ability operate the Rail Service or maintain the AAF Improvements or (b) affect the structural integrity of the AAF Improvements. This Grant of Right of Way is subject to Narcoossee Road as currently configured and with respect to the Narcoossee Rail Right of Way shall be limited to the construction, maintenance and operation of certain improvements shown in Exhibit B- 2, (specifically a single pier in the median of Narcoossee Road and use of the air rights above twenty- four (24) feet from ground level by a bridge span) and shall not be expanded to...

Grant of Right of Way. Owner grants Operator, its employees and designated agents, a right-of-way to enter upon and use the Lands for the purpose of prospecting, exploring, surveying, sampling, drilling, developing, mining (by underground mining, surface mining, or any other method), extracting, removing, operating for, producing, storing, processing, milling, transporting minerals on the Lands and for constructing and maintaining production facilities, access roads, tailings dumps and ponds, power lines and mine water treatment facilities on the Lands (hereinafter referred to as the “Mining Operations”), subject to the terms of this Agreement.

Grant of Right of Way. KNOW ALL MEN BY THESE PRESENTS, That DAUPHIN COUNTY INDUSTRIAL

Grant of Right of Way. In consideration of the sum of $1.00 (One Dollar) paid by Terasen to the Grantor, the Grantor hereby grants to Terasen a Right-of-Way at all times, by day and by night at their will and pleasure to pass and xxxxxx along, and over the Lands, together with the right to use, maintain, upgrade and realign roads, for the purpose of providing vehicular access to and egress from the Utility SRW Area and for all purposes necessarily ancillary thereto.

Grant of Right of Way. 2.1 In consideration of the sum of $1.00 (One Dollar) paid by the Province to the Grantor, and subject to the terms of this Agreement, including Section 5, the Grantor hereby grants to the Province and to the Province’s employees, agents, invitees, licensees, permittees and contractors the full, free and uninterrupted right, liberty, licence, privilege and easement by way of statutory right of way at all times hereafter by night and by day over the Right of Way Area: (a) to enter on and use the Right of Way Area for the purpose of using the Road pursuant to and in accordance with the rights, requirements, limitations and obligations outlined in the Forest Act, the Forest and Range Practices Act, the Forest Service Road Use Regulation, the Land Act and any other related laws, regulations, bylaws, standards, policies, directions, permits or orders as may be amended, supplemented or replaced from time to time; (b) to enter on and use the Right of Way Area for the purposes of investigating, monitoring and assessing the condition of the Road and Right of Way Area; (c) to enter on and use the Right of Way Area for the purposes of undertaking works or carrying out steps, which, in the reasonable opinion of the Province, are required to: (i) maintain the Road; (ii) reduce any risk to the integrity of the bed of the Road;. (iii) address a potential hazard to the safe operation of the Road; or (iv) protect persons or property that may be at risk including, without limitation, constructing drainage works or taking steps to maintain slope stability; and if entering the Right of Way Area outside of the Road, prior to entering the Right of Way Area the Province will provide at least <30> days' notice in writing to the Grantor, seek information regarding cultural heritage aspects of the area in question from the Grantor and the Parties will work together collaboratively to address any concerns raised by the Grantor, including by implementing measures required by the Grantor to avoid potential adverse cultural heritage impacts. The costs of implementing such measures will be borne by the Province. (d) upon at least 90 days written notice to the Grantor, and after the Parties have worked together collaboratively to address any concerns raised by the Grantor, including by implementing any measures required by the Grantor to avoid potential adverse cultural heritage impacts, enter on and use the Right of Way Area for the purpose of relocating all or a portion of the Road pro...

Grant of Right of Way. 1.01 The Grantor grants to the Grantee the full, free and uninterrupted right and privilege, for itself, its servants, agents, contractors, licensees and invitees to enter, pass and rxxxxx over the Land for the purpose of constructing, operating, maintaining and using the Lift or Snowmaking Equipment described or shown in Schedule “A”. 1.02 The right of way granted is subject to the terms and conditions of the Operating Agreement and (a) if there is any inconsistency between a prov1s1on of this Agreement and a provision of the Operating Agreement, the Operating Agreement will prevail; and (b) defined terms in this Agreement have the meaning accorded to them in the Operating Agreement.

Grant of Right of Way. Landlord hereby grants Tenant use of Landlord’s right of way to the Leased Premises.

Grant of Right of Way. The right of way to the Station Area, shall be granted to the Facility Manager in accordance with the terms of this Agreement, provided that the Railway Administration, IRSDC and Facility Manager shall within 30 days of the Appointed Date, undertake a joint inspection and prepare and execute a joint inventory (the “Joint Inventory”) of the existing structures, assets and utilities on the Station Area, as also the Existing Contracts, and shall further record their quality, condition, functionality (and in case of the Existing Contracts their term and key financial terms), as also which of these structures, assets and utilities relate to the Excluded Activities. The handover of the right of way to the Station Area shall be deemed to have been undertaken on the basis of the site inventory as set forth under the Joint Inventory (as revised prior to the Appointed Date, if any). The Facility Manager agrees and acknowledges that the Project shall be undertaken in respect of the entirety of the structures, assets and utilities as identified under the Joint Inventory.