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 does forever grant and agree to dedicate and dedicates unto the Grantee, its successors and assigns, in FEE SIMPLE, all rights, title and interest which the Grantor has, or may have, in and to any portion of the property of the Grantor included in or embraced within the limits of the right-of-way and appurtenances, slopes and embankments, as set forth in the attached legal description in EXHIBIT “A”, and a Dedication map for the legal description in EXHIBIT “B”, which, by this reference, are incorporated herein, and Grantee hereby accepts the real property situated in the City of Xxxxxxx, County of Xxxxxx, State of Oregon, as public right-of- way for roadway and utility purposes. TRUE AND ACTUAL CONSIDERATION: Valuable consideration; but, zero dollars, which is hereby acknowledged by Xxxxxxx and Xxxxxxx. In addition to the foregoing, for the same consideration, Grantor does further dedicate and grant to Grantee an easement over the adjoining land subject to this right-of-way and utility easement dedication that is necessary for the construction and maintenance of standard slopes to protect and support the roadway, embankments and other appurtenances according to the standards contained in the City of Xxxxxxx Public Works Standards for streets on file in the Public Works Department. Said Grantor hereby warrants that it has the right to sell and convey the property on which said right of way, utility easement and slope easement are located and binds itself, its successors and assigns forever to warrant and defend the right and title to the above-described property, right of way and easements unto Grantee, its successors and assigns, against the claims of all persons whomever by virtue of these presents. Said Grantor hereby waives for itself, its successors and assigns, all rights to any further compensation or claim to damages on account of the construction or maintenance of said roadway as herein described and agreed.
Grant of Right of Way. 1.01 In consideration of the sum of $1.00 (One Dollar) paid by FLNRO to the Grantor, the Grantor hereby grants to FLNRO 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 transporting logs from forest tenures or for transporting other natural resources, and for all purposes necessarily ancillary to the harvesting of logs from forest tenures or extraction of other natural resources.
1.02 Subject to 1.03 and 2.01, the Right-of-Way shall be non-exclusive and perpetual, provided that FLNRO may bring this agreement to an end at any time on written notice to the Grantor. If FLNRO brings this agreement to an end it shall provide to the Grantor a registrable release of this agreement.
1.03 FLNRO covenants to cease use of Road 2, as shown on Schedule "A", if the title to Xxxxx 000, Xxxxxxx District is transferred in accordance with the ITA, in fee simple, to the designated company held by the Malahat Indian Band. In such event, FLNRO shall provide the Grantor with a registrable partial release or modification of this agreement to reflect this change.
1.04 This Right-of-Way is granted pursuant to 218 of the Land Title Act and is necessary for the operation and maintenance of FLNRO's undertaking.
1.05 The parties intend that this agreement shall constitute a charge running with the Lands and will be registered in the Land Title Office.
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. 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. 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. KNOW ALL MEN BY THESE PRESENTS, That DAUPHIN COUNTY INDUSTRIAL
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. 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.
