Common use of Granting of Easements Clause in Contracts

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event event of Default under this Lease default shall have happened and be continuing, and subject to the delivery of prior written notice to Trustee, Company may, may at any time or times, (a) times grant easements, licenses licenses, rights-of-way (including the dedication of public highways), and other rights or privileges in the nature of easements with respect to any property included in the ProjectMortgaged Property, free from any rights the lien of the Issuer or the BondownersIndenture, or (b) Company may release existing easements, licenses, rights-of-way way, and other rights or privileges, all privileges with or without consideration and upon such terms and conditions as the Company shall determineconsideration, and the Issuer agrees, to the extent agrees that it may legally do so, that it shall execute and deliver and will cause and direct Trustee to execute and deliver any instrument necessary or appropriate to confirm the release of any such easement, license, right of way and other right or privilege in the nature of easements when so granted from the lien of the Indenture, including, but not limited to, delivery by the Issuer of a release of lien in recordable form and a subordination agreement in recordable form confirming that the lien of the Indenture is subject and subordinate to such easement, license, right of way or other right or privilege granted pursuant to this Section 9.5, and grant or release any such easement, license, right-of-way way, or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, release; (ii) a written application signed by the Authorized Company Representative requesting such instrument, ; and (iii) a certificate executed by the Authorized Company Representative stating (aa1) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb2) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Mortgaged Property and will not materially adversely affect weaken, diminish, or impair the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall intended to be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected given by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerIndenture.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of beneficial easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Lease Event of Default under this Lease shall have happened occurred and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating that (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Lease Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened Agreement has occurred and be is continuing, the Company Lessee may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determineLessee determines, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Lessee Representative requesting such instrument, and (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyLessee, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease Agreement or default on the part of the Company Lessee hereunder. If no Event of Default shall have happened has occurred and be is continuing, any payments or other consideration received by the Company Lessee for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyLessee, but, in the event of the termination of this Lease Agreement because of Default an Event of the CompanyDefault, all rights then existing of the Company Lessee with respect to or under such grant shall will inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, Lessee may at any time or times, with the prior written consent of the Owners of not less than a majority in aggregate principal amount of the Bonds Outstanding (a) grant easements, licenses licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Lessee shall determine, and the Issuer agrees, to the extent that it may legally do so, . The City agrees that it will execute and deliver and will cause and direct the Trustee to execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer City and the Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative Lessee requesting such instrument, and ; (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyLessee, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Project, and will not materially adversely affect the security intended to be given by or under the Indenture and (iv) written consent of the BondownersOwners of not less than a majority in aggregate principal amount of the Bonds Outstanding. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer City and the right of Trustee under this Lease and the Bondowners Indenture and shall not be affected by any termination of this Lease or default on the part of the Company Lessee hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Lessee for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyLessee, but, but in the event of the termination of this Lease because of Default or default of the CompanyLessee, all rights then existing of the Company Lessee with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerCity and the Trustee.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner(s) of Bonds, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right Owner(s) of the Bondowners Bonds and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no "Event of Default Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute an "Event of Default" has occurred under this Lease shall have happened and be continuingthe Secured Agreements or the Indenture, the Company may, Mortgagors may at any time or times, (a) grant easements, licenses licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the ProjectMortgaged Property, free from any rights of the Issuer lien and security interest afforded by or under this Mortgage or the Bondowners, or (b) release Mortgagors may reconvey existing easements, licenses, rights-of-way and other rights or privileges, all and privileges with or without consideration and upon such terms and conditions as the Company shall determineconsideration, and the Issuer agrees, Trustee agrees to the extent that it may legally do so, that it will execute and deliver or cause to be executed and delivered any instrument necessary or appropriate to confirm and grant or release convey any such easement, license, right-of-way or other right grant or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, reconveyance; (ii2) a written application statement signed by an officer of the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company Mortgagors stating (aai) that such grant or release reconveyance will not impair the effective use or value of, or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the Company, Mortgagors; and (bb3) an opinion of independent counsel that such grant or release reconveyance will not materially weaken, diminish or impair the effective use or interfere with security afforded pursuant to the efficient and economical operation terms of the Project this Mortgage, and will not materially adversely affect violate the security terms, covenants or conditions of any agreement or grant which the Bondowners. If the instrument of grant shall so provide, any such easement Mortgagors or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and may have with the right United States, the State of the Bondowners and shall not be affected by New Jersey or any termination of this Lease agency, department or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or political subdivision thereof with respect to the Mortgaged Property or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerIndenture.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the ProjectLeased Property, free from any rights of the Issuer or the BondownersOwner(s) of Bonds, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Leased Property and will not materially adversely affect the security of the BondownersOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right Owner(s) of the Bondowners Bonds and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If Provided that no Lease Event of Default under this Lease shall have happened and be is continuing, the Company mayLessor will join with the Lessee from time to time at the request of the Lessee (and at the Lessee's sole cost and expense) to (i) subject to the terms of Section 15.3, at sell, assign, convey or otherwise transfer an interest in the Facility to any time or timesPerson legally empowered to take such interest under the power of eminent domain, (aii) grant easements, licenses licenses, rights of way and other rights or and privileges in the nature of easements with respect to any property included in the Projecteasements, free from any rights of the Issuer or the Bondowners, or (biii) release existing easementseasements and appurtenances which benefit the Facility, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, (iv) subject to the extent that it may legally do soterms of Section 15.3, that it will dedicate or transfer unimproved portions of the Facility for road, highway or other public purposes, (v) execute petitions to have the Facility annexed to any municipal corporation or utility district, (vi) execute any amendment, termination or supplement of or to any Land Agreement, or a new Land Agreement and (vii) execute and deliver any instrument necessary or appropriate to make or confirm and grant such grants, releases or release other actions described above in this Section 8.4 to any Person; provided that in each case other than transfers pursuant to clause (i), the Lessor shall not be required to take any such easementaction, license, right-of-way or other right or privilege or and the Lessee shall not effect any such agreement action or other arrangementgrant, upon receipt by release, dedication, transfer or amendment, unless the Issuer of: (i) Lessor shall have received a copy certificate of an authorized officer of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is release, or such dedication, transfer or amendment, as the case may be, shall not detrimental to adversely affect the proper conduct utility, economic useful life or residual value of the business Facility or reduce the fair market value of the Company, Facility below the Lease Balance and (bb) that the Facility shall comply with all Applicable Laws after such grant or release will not impair release, or such dedication, transfer or amendment, as the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuercase may be.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer and Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company stating Tenant staling (aa) that such grant txxx xxxx xxxxx or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbCob) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no "Default" or "Event of Default Default" or any condition or event which, with the giving of notice or the passage of time or both would constitute a "Default" or "Event of Default" has occurred under this the Lease shall have happened and be continuingAgreement, the Company mayGuaranty or this Mortgage, the Mortgagor may at any time or timestimes and at the request of the Company, (a) grant easements, licenses licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the ProjectMortgaged Property, free from any rights of the Issuer lien and security interest afforded by or under this Mortgage or the Bondowners, or (b) release Mortgagor may reconvey existing easements, licenses, rights-of-way and other rights or privileges, all with or and privileges without consideration and upon such terms and conditions as the Company shall determineconsideration, and the Issuer agrees, Trustee agrees to the extent that it may legally do so, that it will execute and deliver or cause to be executed and delivered any instrument necessary or appropriate to confirm and grant or release convey any such easement, license, right-of-way or other right grant or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, reconveyance; (ii2) a written application statement signed by an officer of the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company Mortgagor stating (aai) that such grant or release reconveyance will not impair the effective use or value or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the Company, Mortgagor; and (bb3) an opinion of Independent Counsel (as defined in the Indenture) that such grant or release reconveyance will not materially weaken, diminish or impair the effective use or interfere with security afforded pursuant to the efficient and economical operation terms of the Project this Mortgage, and will not materially adversely affect violate the security terms, covenants or conditions of any agreement or grant which the Bondowners. If the instrument of grant shall so provide, any such easement Mortgagor or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and may have with the right United States, the State of the Bondowners and shall not be affected by New Jersey or any termination of this Lease agency, department or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or political subdivision thereof with respect to the Mortgaged Property or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerIndenture.

Granting of Easements. If no Event of Default under this the Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or 1677850N.003 privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aaa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this the Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this the Lease because or continuing Event of Default of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If So long as no Event of Default under this Lease shall have happened hereunder then exists, Lessor shall, from time to time at the request of Lessee (and be continuing, the Company may, at any time or times, Lessee's sole cost and expense): (a) grant grant, in the ordinary course of business, easements, licenses licenses, rights of way and other rights or and privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or easements; (b) release release, in the ordinary course of business, existing easementseasements and appurtenances that benefit the Land; (c) dedicate or transfer unimproved portions of the Land for road, licenses, rights-of-way highway or other public purposes; (d) execute petitions to have the Land and other rights Improvements annexed to any municipal corporation or privileges, all with or without consideration utility district; (e) execute amendments to any covenants and upon such terms restrictions affecting the Land and conditions as the Company shall determine, Improvements; and the Issuer agrees, to the extent that it may legally do so, that it will (f) execute and deliver any instrument instrument, in form and substance reasonably acceptable to Lessor, necessary or appropriate to make or confirm and grant such grants or release releases to any such easementperson, licensewith or without consideration, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: but only if Lessor shall have received (i) a copy certificate from a vice president of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is recommended in the ordinary course of Lessee's business, does not interfere with and is not detrimental to the proper conduct of business on the business Premises and does not materially impair the usefulness of the CompanyPremises or materially impair the value of the Premises; (ii) a duly authorized and binding undertaking by Lessee that it will remain obligated under this Lease to the same extent as if such grant, release, dedication, transfer, petition or amendment had not been made, and that Lessee will perform all obligations of Lessor under such instrument during the Lease Term; and (bbiii) that such grant consents and approvals as may be required of or release will not impair by the effective Mortgagee under the Mortgage or otherwise (which consents and approvals Lessor shall use or interfere with the efficient commercially reasonable efforts to obtain). If, after all required Mortgagee consents and economical operation approvals have been obtained, Lessor fails to respond to Lessee's request to join in executing any of the Project instruments referred to above in compliance with this Section 9.18 within 30 days after Lessee's request, then Lessor shall be deemed to have consented to such instrument, and will not materially adversely affect the security Lessee is hereby granted a power of the Bondowners. If the instrument attorney, which power of grant shall so provideattorney is coupled with an interest and is irrevocable, to execute any such easement or right and the rights instrument on behalf of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerLessor.

Granting of Easements. If no Event "Default" or any condition or event which, with the giving of Default notice or the passage of time or both would constitute a "Default" has occurred under this Lease shall have happened and be continuingthe Secured Agreements or the Indenture, the Company may, Mortgagors may at any time or times, (a) grant easements, licenses licenses, rights-of-way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the ProjectMortgaged Property, free from any rights of the Issuer lien and security interest afforded by or under this Mortgage, or the Bondowners, or (b) release Mortgagors may reconvey existing easements, licenses, rights-of-way and other rights or privileges, all and privileges with or without consideration and upon such terms and conditions as the Company shall determineconsideration, and the Issuer agrees, Mortgagee agrees to the extent that it may legally do so, that it will execute and deliver or cause to be executed and delivered any instrument instruments necessary or appropriate to confirm and grant or release convey any such easement, license, right-of-way or other right grant or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, reconveyance; (ii2) a written application statement signed by an officer of the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company Mortgagors stating (aai) that such grant or release reconveyance will not impair the effective use or interfere with the operation of the Mortgaged Property and (ii) that such grant or reconveyance is not detrimental to the proper conduct of the business of the Company, Mortgagors; and (bb3) an opinion of independent counsel that such grant or release reconveyance will not materially weaken, diminish or impair the effective use or interfere with security afforded pursuant to the efficient and economical operation terms of the Project this Mortgage, and will not materially adversely affect violate the security terms, covenants or conditions of any agreement or grant which the Bondowners. If Mortgagors or the instrument Mortgagee may have with the United States, the State of grant shall so provideNew Jersey or any agency, any such easement department or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or political subdivision thereof with respect to the Mortgaged Property or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerIndenture.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, Tenant upon receipt of prior written approval of the Company Authorized Issuer Representative may, at any time or times, (ai) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwners, or (bii) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: of (ia) a copy of the instrument of grant or release or of the agreement or other arrangement, (iib) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iiic) a certificate executed by the Company Xxxxxx stating (aa1) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb2) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent Provided that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened occurred and be continuingcontinuing or shall result therefrom, any payments or other consideration received Beneficiary hereby consents in each instance to the following actions by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, butGrantor, in the event name and stead of Beneficiary and as the true and lawful attorney-in-fact of Beneficiary (which appointment is coupled with an interest) with full power and authority to execute and deliver documents on behalf of Beneficiary for the following purposes, but at Grantor's sole cost and expense: (i) the granting, entering into, amendment and modification, of easements, licenses, rights of way, building and use restrictions and similar agreements affecting the Mortgaged Property; (ii) the release or termination of existing easements, rights of way, building and use restrictions and similar agreements affecting the Mortgaged Property; (iii) the seeking of any zoning variances or modifications to existing zoning; (iv) the application for, and obtaining of, any permits or approvals from any Governmental Authorities which pertain to the Mortgaged Property (and the execution and delivery of any agreements or other instruments which are necessary or desirable in connection therewith); and (v) the dedication or transfer of portions of the termination Mortgaged Property for road, highway or other public purposes; provided, however, that in each case the easement, building and use restriction, other agreement, amendment, modification, termination, release, application, dedication or transfer shall be on commercially reasonable terms and shall be of this Lease because such a nature to qualify as a Permitted Lien. Without limiting the effectiveness of the foregoing, and provided that no Event of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of have occurred and be exercisable by continuing or shall result therefrom, Beneficiary shall, upon the Issuerrequest of Grantor, and at Grantor's sole cost and expense, execute and deliver any instruments necessary or appropriate to confirm any such grant, release, dedication, transfer, annexation or amendment.

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If if the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Corporation may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Corporation shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Corporation Representative requesting such instrument, and (iii) a certificate executed by the Company Corporation stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyCorporation, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Corporation hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Corporation for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyCorporation, but, in the event of the termination of this Lease because of Default of the CompanyCorporation, all rights then existing of the Company Corporation with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.