Land Interests. (a) All rights-of-way and other rights and interests in and to real property necessary to construct, own, and operate the Sunrise Facilities as provided under this Lease Agreement (“Land Interests”) shall be: (i) acquired or otherwise obtained by Equitrans from landowners or other third parties in the name of Equitrans in the form of perpetual and fully assignable interests; and (ii) thereafter, immediately assigned to Sunrise, consistent with the terms of the Assignment Agreement, with a limited reservation of rights to Equitrans necessary for Equitrans to perform any construction, operation, and maintenance in accordance with the terms of this Lease Agreement and the Construction Management Agreement.
(b) Contemporaneously with the assignment of the Land Interests as provided in Section 2.7(a), above, Equitrans shall furnish Sunrise with all applicable deeds, bills of sale and/or other conveyance instruments necessary to properly evidence the conveyance of the Land Interests to, and the recordation of title in the name of, Sunrise; provided, however, that if Equitrans, despite the exercise of commercially reasonable efforts, is unable to acquire or otherwise obtain a perpetual and fully assignable Land Interest in a particular situation, Equitrans shall cooperate with Sunrise to effectuate another form of acquisition or transfer of such Land Interest that is: (i) intended to result in Sunrise having sole ownership of such interest as soon as is reasonably practicable; and (ii) designed to provide Sunrise with assurance, to the greatest extent possible, that its right to acquire such Land Interest shall not be adversely affected during the period prior to such conveyance to Sunrise, including, if reasonably requested by Sunrise, the grant by Equitrans of a leasehold or security interest in such Land Interest in favor of Sunrise.
(c) Upon the occurrence of the Lease Termination Date, as set forth in Article V of this Lease Agreement and the transfer of the Sunrise Facilities as provided in Section 5.4, Sunrise shall immediately assign all Land Interests to Equitrans, and Sunrise shall furnish Equitrans with all applicable deeds, bills of sale and/or other conveyance instruments necessary to properly evidence the conveyance of the Land Interests to, and the recordation of title in the name of, Equitrans; provided, however, that if Sunrise, despite the exercise of commercially reasonable efforts, is unable to fully assign Land Interest to Equitrans in a part...
Land Interests. Subject to the terms of this Agreement (including GTC Section X), Gatherer or its Affiliates shall be responsible, at its sole cost and expense, for the acquisition of easements, rights-of-way, surface use and/or surface access agreements (“Land Interests”) necessary to construct, own and operate the System. In the event that Gatherer is unable to obtain a Land Interest that is necessary, in Gatherer’s reasonable opinion, to perform the Services hereunder (i) Gatherer and Producer may discuss in good faith utilizing Producer’s and its Affiliates’ Land Interests and/or, (ii) the Parties will cooperate in good faith and, to the extent reasonably requested by Gatherer, Producer shall provide Gatherer reasonable assistance in connection with acquiring such Land Interests in Gatherer’s name at Gatherer’s expense or, if reasonably requested by Gatherer, Producer shall use its Reasonable Efforts to acquire such Land Interests in Producer’s name and Gatherer shall reimburse Producer’s Actual Costs associated therewith and Producer shall assign such Land Interests to Gatherer pursuant to the form of assignment attached hereto as Exhibit H. If (I) the connection of a Delivery Point to the Pipeline System requires Gatherer to obtain Land Interests, (II) after exercising Reasonable Efforts and due to causes that are beyond Gatherer’s reasonable control, Gatherer is unable to acquire necessary Land Interests by the Target Connection Date for such Delivery Point, (III) Gatherer prepares and submits within twenty-one (21) days after receipt of the applicable Producer Delivery Point Notice (x) with respect to BLM Land Interests, the required request to the appropriate Governmental Authority for processing fee category determination for such Land Interests, (y) with respect to State of New Mexico Land Interests, the required request to the appropriate Governmental Authority for survey permission and right of entry for such Land Interests, and (z) with respect to non-Governmental Authority Land Interests, written notice to Producer that Gatherer does not expect to obtain such Land Interests in time to cause the In-Service Date for the applicable Delivery Point to occur by the Target Connection Date for such Delivery Point, and (IV) Gatherer complies with conditions (1) through (3) below, the Target Connection Date may be extended; provided that in no case shall such Target Connection Date be extended beyond [***] additional days, except that if Gatherer is still unable to a...
Land Interests. The Parties acknowledge that ESCO shall be granted access rights for construction of the ESCO Works and provision of the ESCO Services, pursuant to this clause 6 and the Leases.
Land Interests. When grant funds are used to pay for land or aviation easements, the following requirements apply:
Land Interests. The site is known as land between Humber Doucy Lane and Tuddenham Lane, Humber Doucy Lane, Ipswich (“Site”). The Site is shown edged red on plan HDL-PRP-XX-XX-DR-A- 08200 REV P01. The Owners are the freehold owners of the Site under registered at the Land Registry under title number SK424276. There is no registered mortgage or charge. 1 These heads of terms are not intended to be legally binding between the parties.
