Common use of Granting of Easements and Rights of Way, Release and Substitutions of Property Clause in Contracts

Granting of Easements and Rights of Way, Release and Substitutions of Property. From time to time during the term hereof and so long as there is not an existing Event of Default under the Facilities Agreement and there has not occurred an Event of Nonappropriation that has not been waived by the Trustee, the Corporation, at the request of the County, may execute such instruments as are necessary to provide for the granting of easements or rights-of-way for road construction, utilities or in such other instances as the County certifies are not inconsistent or incompatible with the continued use of the balance of the Real Property for their intended purposes. Such instruments may include a termination of this Sub-Base Lease with respect to such portion of the Real Property as is affected thereby or an acceptance or acknowledgment of the right of the grantee of any such easement or right-of-way to continue to use such property notwithstanding the exercise of any rights or remedies afforded to the Corporation hereunder or under the Facilities Agreement. Any request from the County hereunder shall be accompanied by copies of any instruments proposed to be executed together with a certificate from the County to the effect that (i) the continued use of the Real Property affected thereby will not be impaired or hampered thereby and (ii) access to the Real Property for ingress and egress will be adequate. The Corporation may also terminate this Sub-Base Lease with respect to any portion of the Real Property deemed excessive or unneeded for the continued operation of the Project Facilities and the related facilities for the purposes for which they were designed or are then being used, and release its interest in such portion to the County, upon receipt by the Corporation of the following: (a) a plat showing the location of the Project Facilities and related facilities and the portion of the Real Property deemed excessive or unneeded; (b) an amendment to Exhibit A hereto revising the description of the affected parcel of property; (c) a certificate from an engineer or architect stating that the remaining Real Property will be adequate for the continued operation of the Project Facilities and related facilities for the purposes for which they were designed or are then being used, including a certification that there will be adequate access to the remaining Real Property for ingress and egress; and (d) a certification from the County that the portion of the Real Property being released from the provisions hereof is in excess to or unneeded for the continued operation of the Project Facilities and related facilities for the purposes for which they were designed or are then being used. The County and the Corporation agree to amend Exhibit A to this Sub-Base Lease to substitute or release parcels of Real Property or portions thereof in accordance with the provisions of this Section 3.6. With respect to any particular item of Real Property, the County may substitute another item of Real Property under the conditions set forth in Section 5.1(c) of the Facilities Agreement. The County shall timely notify the Trustee of any substitution or release pursuant to this Section 3.6. The County shall not be obligated to compensate the Corporation for the removal of any property or for any conveyance or grant of an easement or right-of-way under the provisions hereof and any consideration paid in connection therewith shall be transferred to the County so long as there is not an existing Event of Default under the Facilities Agreement and no Event of Nonappropriation has occurred that has not been waived by the Trustee. The Corporation shall have no obligation or responsibility to prepare or record any instrument authorized hereunder.

Granting of Easements and Rights of Way, Release and Substitutions of Property. From time to time during the term hereof and so long as there is not an existing Event of Default under the Facilities Agreement and there has not occurred an Event of Nonappropriation that has not been waived by the Trustee, the Corporation, at the request of the County, may execute such instruments as are necessary to provide for the granting of easements or rights-of-rights of way for road construction, utilities or in such other instances as the County certifies are not inconsistent or incompatible with the continued use of the balance of the Real Property for their intended purposes. Such instruments may include a termination of this Sub-Base Lease with respect to such portion of the Real Property as is affected thereby or an acceptance or acknowledgment of the right of the grantee of any such easement or right-of-way to continue to use such property notwithstanding the exercise of any rights or remedies afforded to the Corporation hereunder or under the Facilities Agreement. Any request from the County hereunder shall be accompanied by copies of any instruments proposed to be executed together with a certificate from the County to the effect that (i) the continued use of the Real Property affected thereby will not be impaired or hampered thereby and thereby; (ii) access to the Real Property for ingress and egress will be adequate; and (iii) that the value of the Real Property to the County will not be significantly diminished thereby. The Corporation may may, with the prior written consent of the Trustee, if any, also terminate this Sub-Base Lease with respect to any portion of the Real Property deemed excessive or unneeded for the continued operation of the Project Facilities and the related facilities for the purposes for which they were designed or are then being used, and release its interest in such portion to the County, upon receipt by the Corporation of the following: (a) a plat showing the location of the Project Facilities and related facilities and the portion of the Real Property deemed excessive or unneeded; (b) an amendment to Exhibit A hereto revising the description of the affected parcel of property; (c) a certificate from an engineer or architect stating that the remaining Real Property will be adequate for the continued operation of the Project Facilities and related facilities for the purposes for which they were designed or are then being used, including a certification that there will be adequate access to the remaining Real Property for ingress and egress; and (d) a certification from the County that the portion of the Real Property being released from the provisions hereof is in excess to or unneeded for the continued operation of the Project Facilities and related facilities for the purposes for which they were designed or are then being used. The County and the Corporation agree to amend Exhibit A to this Sub-Base Lease to substitute or release parcels of Real Property or portions thereof in accordance with the provisions of this Section 3.6. With respect to any particular item of Real Property, the County may may, with the prior written consent of the Trustee, if any, substitute another item of Real Property under the conditions set forth in Section 5.1(c) of the Facilities Agreement. The County shall timely notify the Trustee of any substitution or release pursuant to this Section 3.6. The County shall not be obligated to compensate the Corporation for the removal of any property or for any conveyance or grant of an easement or right-of-way under the provisions hereof and any consideration paid in connection therewith shall be transferred to the County so long as there is not an existing Event of Default under the Facilities Agreement and no Event of Nonappropriation has occurred that has not been waived by the Trustee. The Corporation shall have no obligation or responsibility to prepare or record any instrument authorized hereunder.