Common use of Granting of Easements Clause in Contracts

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the 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 Owner, 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 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the 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 Project Lease shall have happened and be continuing, the Tenant 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 OwnerBondowners, 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 Tenant 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Company Representative requesting such instrument, and (3iii) a certificate executed by the Tenant Company stating (Aaa) that such grant or release is not detrimental to the proper conduct of the business of the TenantCompany, 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 Owner. 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 premiumBondowners. 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 Owner right of the Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 TenantCompany, but, in the event of the termination of this Project Lease because of an Event Default of Defaultthe Company, all rights then existing of the Tenant 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 Tenant 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 OwnerBondowners, 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 Tenant 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Company Representative requesting such instrument, and (3iii) a certificate executed by the Tenant Company stating (Aaa) that such grant or release is not detrimental to the proper conduct of the business of the TenantCompany, 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 Owner. 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 premiumBondowners. 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 Owner right of the Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 TenantCompany, but, in the event of the termination of this Project Lease because of an Event Default of Defaultthe Company, all rights then existing of the Tenant 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 event of Default under this Project Lease default shall have happened and be continuing, and subject to the Tenant maydelivery of prior written notice to Trustee, Company 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 OwnerIndenture, 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 Tenant 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, release; (2ii) a written application signed by the Authorized Tenant Company Representative requesting such instrument, ; and (3iii) a certificate executed by the Tenant Authorized Company Representative stating (A1) that such grant or release is not detrimental to the proper conduct of the business of the TenantCompany, and (B2) 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 Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank intended 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 Owner and shall not be affected given by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant 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 "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 Project Lease shall have happened and be continuingthe Secured Agreements or the Indenture, the Tenant 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 Owner, 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 Tenant 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, reconveyance; (2) a written application statement signed by an officer of the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant Mortgagors stating (Ai) 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 Tenant, Mortgagors; and (B3) 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 Owner. Any consideration received by Mortgagors or the Tenant for Mortgagee may have with the grant United States, the State of New Jersey 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 dateany agency, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant 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 Project Lease shall have happened and be continuing, the 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 OwnerBondowners, 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 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3iii) a certificate executed by the Tenant stating staling (Aaa) that such grant txxx xxxx xxxxx or release is not detrimental to the proper conduct of the business of the Tenant, and (BCob) 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 Owner. 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 premiumBondowners. 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 Owner Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the 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 Project Lease shall have happened and be continuing, the 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 OwnerOwner(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 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 OwnerOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Bank 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 Owner Owner(s) of Bonds and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the 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 Project Lease shall have happened and be continuing, the Tenant 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 OwnerBondowners, 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 Tenant 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Corporation Representative requesting such instrument, and (3iii) a certificate executed by the Tenant Corporation stating (A) that such grant or release is not detrimental to the proper conduct of the business of the TenantCorporation, and (B) 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 Owner. 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 premiumBondowners. 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 Owner bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant Corporation hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 TenantCorporation, but, in the event of the termination of this Project Lease because of an Event Default of DefaultCorporation, all rights then existing of the Tenant Corporation 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 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 OwnerBondowners, 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 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3iii) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. 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 premiumBondowners. 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 Owner right of the Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event Default of Defaultthe Tenant, all rights then existing of the 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 Project Lease shall have happened and be continuing, the Tenant 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 Owner, 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 Tenant 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative Lessee requesting such instrument, and ; (3iii) a certificate executed by the Tenant Lessee stating (A) that such grant or release is not detrimental to the proper conduct of the business of the TenantLessee, and (B) 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 Owner. Any consideration received by Owners of not less than a majority in aggregate principal amount of 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 premiumOutstanding. 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 Owner Trustee under this Lease and the Indenture and shall not be affected by any termination of this Project Lease or default on the part of the Tenant Lessee hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.arrangement

Granting of Easements. If no Lease Event of Default under this Project Lease shall have happened occurred and be continuing, the 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 OwnerOwners, 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 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3iii) a certificate executed by the Tenant stating that (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. 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 premiumOwners. 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 Owner Owners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Lease Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event Default of Defaultthe Tenant, all rights then existing of the 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 Project Lease shall have happened Agreement has occurred and be is continuing, the Tenant Company may, notwithstanding anything contained herein to the contrary, at any time or times, with the prior written consent of the Trustee (a) which shall not be unreasonably withheld), grant easements, licenses licenses, rights of way and other rights or privileges in the nature of easements with respect to any property included in the ProjectProject Facilities, free from any rights the lien of the Issuer this Agreement or the OwnerIndenture, or (b) release existing easements, licenses, rights-of-rights of way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Tenant Company shall determine, and the Issuer agreesAuthority agrees that, within a reasonable amount of time following such grant or release, it will execute and deliver and will cause and direct the Trustee, within a reasonable amount of time following such grant or release, 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-right of way or other right or privilege or any such agreement or other arrangementprivilege, upon receipt by the Issuer Authority and the Trustee of: : (1a) a A copy of the instrument of grant or release or of the agreement or other arrangement, release; (2b) a A written application signed by the Authorized Tenant Representative Company requesting such instrument, and ; and (3c) a A certificate executed by the Tenant Company, and such other persons as the Authority or the Trustee may reasonably require, stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, Company and (B) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Facilities and will not materially adversely affect in any material respect weaken, diminish or impair the security of the Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank intended to be deposited in given by or under the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premiumIndenture. 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 Authority and the Owner Trustee under this Agreement and the Indenture and shall not be affected by any termination of this Project Lease Agreement or default on the part of the Tenant Company hereunder. If no Event of Default shall have happened has occurred and be is continuing, any payments or other consideration received by the Tenant 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 TenantCompany, but, in the event of the termination of this Project Lease because of but if an Event of DefaultDefault has occurred and is continuing, all rights then existing of the Tenant Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerAuthority and the Trustee.

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the 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 Owner, 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 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If (a) Provided no Event of Default under this Project Lease shall have happened has occurred and be is continuing, Lessor will join with Lessee from time to time at the Tenant may, request of Lessee (and at any time or timesLessee’s sole cost and expense) to (i) subject to the terms of Article XIV, (ax) sell, assign, convey or otherwise transfer an interest in the Property to any Person legally empowered to take such interest under the power of eminent domain and (y) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes, (ii) grant easements, licenses licenses, rights of way and other rights or and privileges in the nature of easements, (iii) release existing easements with respect and appurtenances which benefit the Property, (iv) execute petitions to have the Property annexed to any property included municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the Property and (vi) execute and deliver any instrument, in form and substance reasonably acceptable to Lessor, necessary or appropriate to make or confirm such grants, releases or other actions described above in this Section 25.11 to any Person; provided that Lessor shall have received a certificate of an authorized officer of Lessee stating that such grant or release, or such dedication, transfer or amendment, as the Projectcase may be, free from any rights set forth in clause (i) through (vi) does not impair (other than to an immaterial extent) the usefulness of the Issuer or Property for the Owner, or purposes for which the Property is then generally being used and does not impair (other than to an immaterial extent) the fair market value of the Property. Any dispute under this Section 25.11 shall be resolved by the Arbitration Procedure. (b) release existing easementsWithout limiting the generality of Section 25.11(a), licensesLessor (at Lessee’s expense) agrees to execute and deliver at Lessee’s request and to allow Lessee to record in the applicable land records, rights-of-way such purchase agreements, instruments, resolutions and other documents as Lessee or Lessor may reasonably request to effect (i) the conveyance to LIPA of an easement interest in respect of the Current LIPA Area, (ii) any conveyance by LIPA to Lessor of a fee or other interest in respect of the Former LIPA Area, (iii) any conveyance of a fee, easement and/or rights or privilegesin respect of the Pump Station Area, all with or without consideration including rights to maintain, repair and upon such terms replace underground pipes, conduits and conditions as the Tenant shall determinelike on the Property outside of the Pump Station Area running between the Pump Station Area and the outer boundaries of the Land, which pipes, conduits and the like would service the Property and/or other properties, and including necessary or appropriate rights of access and egress in connection with the Issuer agreesforegoing, to and/or (iv) the extent that it may legally do soimplementation of the road abandonment plan shown depicted in Exhibit E hereto, and Lessor hereby agrees that it will execute and deliver any instrument such agreements, instruments and other documents, including resolutions or other evidence of authority, as may be necessary or appropriate to confirm effectuate the conveyances contemplated in this Section 25.11(b) if the conditions contained in Section 25.11(c) are met. In furtherance of the foregoing, the term “Property” as used herein shall be subject to modification to include any right, title and grant interest acquired by Lessor in respect of the Former LIPA Area, and exclude any right, title and interest conveyed by Lessor in respect of the Current LIPA Area and/or the Pump Station Area or release surrounding areas as described in the immediately preceding sentence, and the parties will execute and record a confirmatory amendment of this Lease, to reflect 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: inclusion and/or exclusion. (1c) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If Provided no Event of Default has occurred and is continuing hereunder, each Mortgagee shall consent to, and shall execute and deliver such agreements, instruments and other documents as Lessee may request and as shall be reasonably necessary or appropriate to effectuate, the conveyances and other actions set forth in clauses (i) through (iv) of Section 25.11(b), including a instrument releasing or subordinating, respectively, its Mortgage to any fee estate or easement granted in the manner contemplated in Section 25.11(b)(i) and/or Section 25.11(b)(iii), provided that: (i) With respect to any conveyance described in Section 25.11(b)(ii), to the extent that any consideration is required to be paid or given by Lessor to LIPA in consideration for such conveyance (in addition to the conveyance described in Section 25.11(b)(i)) and/or obligations (other than ministerial obligations such the execution and delivery of documents) to be performed or liabilities to be assumed by Lessor in connection therewith, then, as a condition to Mortgagee’s consent (and Lessor’s execution and delivery of the instruments contemplated in Section 25.11 in connection with the conveyance described in Section 25.11(b)(ii)), Lessee shall (as applicable) pay such consideration and/or agree with Lessor to perform such obligations and/or indemnify Lessor against such liabilities in accordance with and subject to terms and conditions set forth in Section 20.1; (ii) With respect to any conveyance described in Section 25.11(b)(ii), (i) Lessee shall duly execute deliver and record a subordination, non-disturbance and attornment agreement substantially similar to the Mortgagee Nondisturbance Agreement attached as Exhibit D to this Lease modified to reflect the new description of the Property (which Mortgagee shall execute in counterpart and deliver to Lessee), and (ii) Lessee shall deliver a bargain and sale deed from LIPA the then-owner of the Former LIPA Area with a covenant against grantor’s act, subject only to the Permitted Liens and such other matters as do not adversely affect the value or use of the balance of the Property. (B) Lessee shall deliver to Lessor for its review the proposed purchase and sale agreement between Lessor and LIPA not less than ten (10) days before Lessor is requested to sign such agreement, and subsequent drafts as the same are prepared, which agreement (subject to the other provisions hereof) shall be reasonably acceptable to Lessor; (C) Lessee shall obtain for Lessor an owner’s title insurance policy on the then-current ALTA form from Chicago Title Insurance Company insuring Lessor that title to the Former LIPA Area is vested in Lessor free of any Liens (other than as described in (A) above, and insuring that no gores or strips separate the Former LIPA Area from the balance of Property, provided that the same can be purchased at reasonable cost (it being agreed that a premium for such policy and endorsement of up to $2,000 based on a purchase price for the Former LIPA Area of $350,000 is reasonable). (iii) With respect to any conveyance described in Section 25.11(b)(iii), (A) Lessee shall deliver to Lessor and Mortgagee reasonable evidence that the balance of the Property remaining after such conveyance (the “Remaining Parcel”) shall remain as one or more separate, legally subdivided parcels, comply with applicable zoning ordinances, parking requirements and other Applicable Laws and Restrictions and have happened available to it all utility services reasonably necessary or convenient to the use and operation thereof (taking into account services available to it from the Pump Station Area) (it being agreed, without limitation, that a PZR report shall be continuing, any payments or other consideration received by sufficient for these purposes); and that no portion of the Tenant Remaining Parcel shall for any purpose whatsoever be part of a tax lot with all or as part of any of the Pump Station Area being released; and (B) Lessee shall deliver to Mortgagee an ALTA form of Partial Release of Mortgaged Premises Endorsement, provided that the same can be purchased at reasonable cost (it being agreed that a premium for such grant or with endorsement of up to $300 is reasonable). (iv) With respect to a conveyance described in Section 25.11(b)(ii) or under any 25.11(b)(iii), following each such agreement or other arrangement conveyance Lessee shall be deliver to Mortgagee a metes and remain the property bounds legal description and an updated survey of the Tenant, but, Remaining Parcel meeting then current ALTA/ASCM standards showing the same detail as the survey delivered in connection with the event closing of the termination sale of the Property to the Lessor named herein; and (v) Lessee shall pay as Supplemental Rent to Lessor on demand all reasonable out-of-pocket costs and expenses of Lessor and Mortgagee (including reasonable attorneys’ fees and disbursements) in reviewing, executing, recording or obtaining any of the items described in this Section 25.11(b), or any other any materials or instruments pursuant to this Section 25.11(b), provided that any specific, more limiting provision of Section 25.11(b) above shall govern over the general provisions of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuerclause (v).

Granting of Easements. If Provided that no Lease Event of Default under this Project Lease shall have happened and be is continuing, the Tenant 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 Owner, 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 Tenant 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 involving transfers required by Applicable Laws 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: (1) 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, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant Lessee stating (A) 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 Tenant, Facility below the Lease Balance and (B) 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 Owner. 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant 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 event of Default under this Project Lease shall have happened default hereunder has occurred and be is continuing, Landlord will join with Tenant, from time to time at the request of Tenant may(and at Tenant’s sole cost and expense), at with respect to their interests in the Leased Property to (i) sell, assign, convey or otherwise transfer an interest in any time or timesLeased Property to any person legally empowered to take such interest under the power of eminent domain, (aii) 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, (iii) release, in the ordinary course of business, existing easements with respect and appurtenances which benefit the Leased Property, (iv) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (v) execute petitions to have the Leased Property annexed to any property included in municipal corporation or utility district, (vi) execute amendments to any covenants and restrictions affecting the Project, free from any rights of the Issuer or the Owner, or Leased Property and (bvii) 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 Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument instrument, in form and substance reasonably acceptable to Landlord and Landlord’s Lender, necessary or appropriate to make or confirm and such grants or releases to any person, with or without consideration, but only, except in connection with any temporary condemnation or any Routine Condemnation, if Landlord shall have received (x) a certificate of an authorized officer of Tenant stating that such grant or release was granted in the ordinary course of Tenant’s business, does not interfere with and is not detrimental to the conduct of business on the Leased Property and does not materially impair the usefulness of the Leased Property or materially impair the fair market value of the Leased Property or materially impair Landlord’s interest in the Leased Property, (y) a certificate stating the consideration, if any, being paid for said sale, grant, easement, license, release, right of way, petition, amendment or other such instruments described in this Article 33, is in the opinion of Tenant fair and adequate; and (z) a duly authorized and binding undertaking of Tenant, in form and substance satisfactory to Landlord and Landlord’s Lender, to remain obligated under this Lease and under any instrument executed by Tenant consenting to the assignment of Landlord’s interest in this Lease as security for indebtedness, as though such easement, license, right-of-way or other right or privilege has not been granted or any such agreement or other arrangementreleased, upon receipt by the Issuer of: (1) a copy and to perform all obligations of the grantor or party effecting the release under such instrument of grant or release or during the Term of this Lease. Notwithstanding anything herein to the agreement contrary, Tenant’s obligations to pay the reasonable attorney’s fees for each of Landlord and Landlord’s Lender in connection with the execution and delivery of any easement or other arrangement, (2) a written application signed instrument pursuant to this Article 33 shall not exceed $5,625 for each of Landlord’s and Landlord’s Lender’s counsel in any single request by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant for one or release is not detrimental more related easements or other instruments. Notwithstanding anything herein to the proper conduct contrary, Landlord and Landlord’s Lender shall have a period of 30 days to review the business instruments and the materials requested under this Article 33. If Landlord or Landlord’s Lender shall fail to execute any such deeds, easements, releases or such other instruments as may be specifically requested by Tenant in such 30 day period, then Tenant may deliver to Landlord and Landlord’s Lender further notice requesting the delivery of said documents. Tenant’s notice shall specify in capital letters and bold face type that if Landlord or Landlord’s Lender shall fail to return the Tenantrequested documents within ten (10) days, and (B) that or shall fail to specify what corrections need be made to such grant documents or release will not impair the effective use why, specifically, Landlord or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Owner. Any consideration received by the Tenant for the grant or release must be paid Landlord’s Lender objects 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 delivery of such other parties thereunder shall be superior documents, then Tenant intends to deliver such instruments to Landlord’s or Landlord’s Lender’s attorney-in-fact. Subject to the rights of the Issuer and the Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, butforegoing provision, in the event Landlord or Landlord’s Lender fail to deliver any such deeds, easements, releases or other instruments within the 30 day period required above, subject to the additional 10 day notice required above, then in such event, Tenant is hereby authorized to act as the attorney-in-fact for Landlord and Landlord’s Lender to execute and deliver on behalf of Landlord and Landlord’s Lender any all deeds, easements, releases and other instruments required; provided, however, that no instrument executed by Tenant as attorney-in-fact shall contain any covenants other than quitclaim covenants. For purposes of this Article 33, commencing on March 31, 2004, and on and as of each March 31 thereafter during the Term of this Lease, the limitations on attorneys fees for Landlord and Landlord’s Lender set forth in this Article 33 shall be calculated as the amount equal to the product derived by multiplying $5,625 by one plus the percentage by which the CPI for such calendar year exceeds the Base Price Index. In the event the information necessary to calculate this amount shall not have been published in sufficient time to permit such calculation to be made on or before March 31 during any year, the limitation shall be calculated by using the CPI for the latest month for which it has been published. After publication of the termination of this Project Lease because of an Event of Defaultrelevant information, all rights then existing Landlord and Tenant shall make appropriate adjustment of the Tenant with respect to or under such grant limitation. In no event shall inure to the benefit limitation on attorney’s fees of and $5,625 be exercisable by reduced as a result of any decrease in the Issuer.CPI. PID #_______________

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the 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 OwnerBondowners, 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 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative requesting such instrument, instrument and (3iii) a certificate executed by the Tenant stating (Aaa) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, 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 OwnerBondowners. 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 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 Owner Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because or default of an Event of DefaultTenant, all rights then existing of the 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 Project the Lease shall have happened and be continuingAgreement, the Tenant 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 Owner, 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 Tenant 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, reconveyance; (2) a written application statement signed by an officer of the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant Mortgagor stating (Ai) 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 Tenant, Mortgagor; and (B3) 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 Owner. Any consideration received by the Tenant for the grant Mortgagor 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 may have with the Owner and shall not be affected by United States, the State of New Jersey or any termination of this Project Lease agency, department or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant 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 Project Lease shall have happened and be continuing, the 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 Owner, 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 Tenant 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant 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 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 Tenant, 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 Project Lease because such a nature to qualify as a Permitted Lien. Without limiting the effectiveness of an the foregoing, and provided that no Event of Default, all rights then existing of the Tenant with respect to or under such grant Default 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 the Lease shall have happened and be continuing, the 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 OwnerBondowners, 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 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative requesting such instrument, instrument and (3iii) a certificate executed by the Tenant stating (Aa) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, 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 Owner. 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 premiumBondowners. 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 Owner Bondowners and shall not be affected by any termination of this Project the Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project the Lease because of an or continuing Event of Default, all rights then existing of the 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 Project Lease shall have happened Agreement has occurred and be is continuing, the Tenant Company may, notwithstanding anything contained in this Agreement to the contrary, at any time or times, (a) grant easements, licenses licenses, rights of way and other rights or privileges in the nature of easements with respect to any property included in the ProjectProject Facilities, free from any rights the lien of the Issuer or the Ownerthis Agreement, or (b) release or amend existing easements, licenses, rights-of-rights of way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Tenant Company shall determine, and the Issuer agrees, to the extent that it may legally do so, agrees that it will execute and deliver any instrument necessary or appropriate to confirm and grant grant, release or release amend any such easement, license, right-of-right of way or other right or privilege or any such agreement or other arrangementprivilege, upon receipt by the Issuer and the Trustee of: : (1a) a A copy of the instrument of grant grant, release, or release or of amendment in form satisfactory to the agreement or other arrangement, Issuer and the Trustee; (2b) a A written application signed by the Authorized Tenant Representative Company requesting such instrument, and ; and (3c) a A certificate executed by the Tenant Company, and such other persons as the Issuer and the Trustee may reasonably require, stating (A) that such grant grant, release or release amendment is not detrimental to the proper conduct of the business of the TenantCompany, and (B) that such grant grant, release or release amendment will not impair the effective use or interfere with the efficient and economical operation of the Project Facilities and will not materially adversely affect the security of the Owner. 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. any material 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 Owner under this Agreement and shall not be affected by any termination of this Project Lease Agreement or default on the part of the Tenant Company hereunder. If no Event of Default shall have happened has occurred and be is then continuing, any payments or other consideration received by the Tenant 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 Tenant, Company but, in the event of the termination of this Project Lease because of if an Event of DefaultDefault has occurred and is then continuing, all rights then existing of the Tenant Company with respect to or under such grant grant, shall inure to the benefit of and be exercisable by the IssuerIssuer and the Trustee. Nothing in this Agreement shall diminish the respective rights of the Trustee under the Indenture, including without limitation, the right to prohibit the granting of easements without their prior written consent if such prior consent is reserved.

Granting of Easements. If no Event of Default under this Project Lease shall have happened Agreement has occurred and be is continuing, the Tenant 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 OwnerBondowners, 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 Tenant 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Lessee Representative requesting such instrument, and (3iii) a certificate executed by the Tenant Lessee stating (Aaa) that such grant or release is not detrimental to the proper conduct of the business of the TenantLessee, 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 Owner. 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 premiumBondowners. 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 Owner right of the Bondowners and shall not be affected by any termination of this Project Lease Agreement or default on the part of the Tenant Lessee hereunder. If no Event of Default shall have happened has occurred and be is continuing, any payments or other consideration received by the Tenant 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 TenantLessee, but, in the event of the termination of this Project Lease Agreement because of an Event of Default, all rights then existing of the Tenant 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 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 Project Lease shall have happened and be continuingthe Secured Agreements or the Indenture, the Tenant 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 Owner, 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 Tenant 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, reconveyance; (2) a written application statement signed by an officer of the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant Mortgagors stating (Ai) 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 Tenant, Mortgagors; and (B3) 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 Owner. Any consideration received by the Tenant for the grant Mortgagors 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 may have with the Owner and shall not be affected by United States, the State of New Jersey or any termination of this Project Lease agency, department or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant 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 Project Lease shall have happened and be continuing, Tenant upon receipt of prior written approval of the Tenant 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 OwnerOwners, 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 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 (1a) a copy of the instrument of grant or release or of the agreement or other arrangement, (2b) a written application signed by the Authorized Tenant Representative requesting such instrument, instrument and (3c) a certificate executed by the Tenant Xxxxxx stating (A1) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B2) 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 Owner. 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 premiumOwners. 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 Owner Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because or default of an Event of DefaultTenant, all rights then existing of the 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 Project Lease shall have happened and be continuing, the 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 OwnerOwner(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 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 OwnerOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Bank 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 premiumFund. 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 Owner Owner(s) of Bonds and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the 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 Project Lease shall have happened and be continuing, the 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 OwnerBondowners, 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 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: (1i) a copy of the instrument of grant or release or of the agreement or other arrangement, (2ii) a written application signed by the Authorized Tenant Representative requesting such instrument, instrument and (3iii) a certificate executed by the Tenant stating (Aaa) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, 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 Owner. 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 premiumOwners. 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 Owner Owners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because or default of an Event of DefaultTenant, all rights then existing of the 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 Project Lease shall have happened hereunder then exists, Lessor shall, from time to time at the request of Lessee (and be continuing, the Tenant 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 Owner, 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 Tenant 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 (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3i) a certificate executed by the Tenant from a vice president of Lessee stating (A) 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 TenantPremises 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 (Biii) 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 Owner. Any consideration received by the Tenant for the grant or release must be paid attorney, which power of attorney is coupled with an interest and is irrevocable, 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, 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 Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant 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 of Default under this Project Lease shall have happened and be continuing, the 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 OwnerBondowners, 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 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: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) 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 Owner. 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 premiumBondowners. 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 Owner Bondowners and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the 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 Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.