Common use of Independent Unit Clause in Contracts

Independent Unit. Except as set forth in the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx Xxx, each Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property not included in such Property or on public or utility easements for the (a) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Property, (b) structural support, or (c) the fulfillment of the requirements of any Lease or other agreement affecting such Property. Except as disclosed on Schedule 2.1.26, Owner, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Property. Except as disclosed on Schedule 2.1.26, public utilities are installed and operating at each Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Property is either (i) contiguous to or (ii) benefits from an irrevocable unsubordinated easement permitting access from such Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx building or other improvement not located on a Property relies on any part of the Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Reimbursement Agreement (Ambassador Apartments Inc)

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Independent Unit. Except as set forth in the Fannxx Xxx Xxxxxx Mae Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of described in the "Survey Endorsement" attached to such Property identified in Xxxxxx Xxx Title Commitment with respect to such Fannxx Xxx Xxxle Commitment and certified to Fannxx XxxProperty, each Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property not included in such Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Property, (bii) structural support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Property. Except as disclosed on Schedule 2.1.262.1(y), Owner, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Property. Except as disclosed on Schedule 2.1.262.1(y), all public utilities are installed and operating at each Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.262.1(y), each Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Xxxxxx Mae Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxxxxx Xxx Title Commitment and certified to Fannxx XxxXxxxxx Mae, xx no building or other improvement not located on a Property relies on any part of the Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Reimbursement Agreement (Erp Operating LTD Partnership)

Independent Unit. Except for Permitted Liens and as set forth disclosed on Exhibit BB to this Agreement, or as disclosed in a Title Insurance Policy or Survey for the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx XxxMortgaged Property, each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. Except as disclosed on Schedule 2.1.26, OwnerThe relevant Borrower Party, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. Except as disclosed on Schedule 2.1.26, All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Each Mortgaged Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx No building or other improvement not located on a Mortgaged Property relies on any part of the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property Mortgaged Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc)

Independent Unit. Except for Permitted Liens and as set forth disclosed ---------------- on Exhibit AA to this Agreement, or as disclosed in a Title Insurance Policy or ---------- Survey for the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx XxxMortgaged Property, each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. Except as disclosed on Schedule 2.1.26, OwnerThe Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. Except as disclosed on Schedule 2.1.26, All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Each Mortgaged Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx No building or other improvement not located on a Mortgaged Property relies on any part of the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property Mortgaged Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Independent Unit. Except for Permitted Liens and as set forth disclosed on EXHIBIT BB to this Agreement, or as disclosed in a Title Insurance Policy or Survey for the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx XxxMortgaged Property, each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support, or (ciii) the fulfillment -60- of the requirements of any Lease or other agreement affecting such Mortgaged Property. Except as disclosed on Schedule 2.1.26, OwnerThe relevant Borrower Party, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. Except as disclosed on Schedule 2.1.26, All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Each Mortgaged Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx No building or other improvement not located on a Mortgaged Property relies on any part of the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property Mortgaged Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc)

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Independent Unit. Except for Permitted Liens and as set forth disclosed on ---------------- Exhibit AA to this Agreement, or as disclosed in a Title Insurance Policy or ---------- Survey for the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx XxxMortgaged Property, each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. Except as disclosed on Schedule 2.1.26, OwnerThe Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. Except as disclosed on Schedule 2.1.26, All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Each Mortgaged Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx No building or other improvement not located on a Mortgaged Property relies on any part of the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property Mortgaged Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Independent Unit. Except for Permitted Liens and as set forth in the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect disclosed on EXHIBIT II to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx Xxxthis Agreement, each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Mortgaged Property not included in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. Except as disclosed on Schedule 2.1.26, Each Owner, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. Except as disclosed on Schedule 2.1.26, All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Each Mortgaged Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx No building or other improvement not located on a Mortgaged Property relies on any part of the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Mortgaged Property for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Apartment Investment & Management Co)

Independent Unit. Except for Permitted Liens and as set forth disclosed on Exhibit BB to this Agreement, or as disclosed in a Title Insurance Policy or Survey for the Fannxx Xxx Title Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Xxxle Commitment and certified to Fannxx XxxMortgaged Property, each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. Except as disclosed on Schedule 2.1.26, OwnerThe relevant Borrower Party, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. Except as disclosed on Schedule 2.1.26, All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Except as disclosed on Schedule 2.1.26, each Each Mortgaged Property is either (ix) contiguous to or (iiy) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. Except as set forth in the Fannxx Xxx Xxxle Commitment (other than notes or other informational items set forth therein) with respect to each Property or on the survey of such Property identified in such Fannxx Xxx Title Commitment and certified to Fannxx Xxx, xx No building or other improvement not located on a Mortgaged Property relies on any part of the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over the Property Mortgaged Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc)

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