Land Rights. Seller shall, prior to the commencement of construction of the Company-Owned Interconnection Facilities (whether to be built by Seller or by Company) obtain at its sole cost and expense all Land Rights that are required to construct, own, operate and maintain the Company-Owned Interconnection Facilities. Without limitation to the preceding sentence, Seller shall pay all surveying and mapping costs, appraisal fees, document preparation fees, recording fees or other costs. Seller shall use commercially reasonable efforts to obtain on behalf of the Company perpetual Land Rights for the Company-Owned Interconnection Facilities. Such Land Rights shall contain terms and conditions which are acceptable to Company and the documents setting forth the Land Rights shall be provided in advance of execution to Company for its review and approval and shall be recorded if required by Company. Following the Execution Date, Seller shall provide as part of the Monthly Progress Report the status of negotiations with landowner(s) regarding the Land Rights. Notwithstanding the foregoing, Company shall have the right in its sole discretion, at any time upon notice to Seller, to communicate directly with the landowner(s) and/or participate in the negotiations with landowner(s) for the Land Rights. For so long as Seller has the right under this Agreement to sell electric energy to Company, Seller shall pay for any rents and other payments due under such Land Rights that are associated with Company-Owned Interconnection Facilities.
Land Rights. Consumer shall furnish at no cost to Power Company any necessary access, easements, licenses, and/or rights of way upon, over, under, and across lands owned or controlled by Consumer and/or its affiliated interests for the construction, operation and maintenance by Power Company of necessary lines, substations, and other equipment to accomplish interconnection of the Electric Generating Facility with the Power Company Distribution System under this Agreement and the provision of electric service to the Consumer under the Agreement for Electric Service, and shall, at all reasonable times, give the Power Company, and its agents, free access to such lines, substations, and equipment. An accessible, protected and satisfactory site selected upon mutual agreement by the Parties and located on the Consumer’s premises shall be provided by and at the Consumer’s expense for installation of necessary net metering equipment, unless Power Company elects to install the net metering equipment on a location controlled by it.
Land Rights. 4.14.1. Suppliers will ensure appropriate steps are taken to identify and respect legitimate tenure rights holders when acquiring, leasing or using land.
Land Rights. Seller shall obtain at its sole cost and expense all Land Rights that are required to construct, own, operate and maintain the Company-Owned Interconnection Facilities. Without limitation to the preceding sentence, Seller shall pay all surveying and mapping costs, appraisal fees, document preparation fees, recording fees or other costs. Seller shall use commercially reasonable efforts to obtain on behalf of the Company perpetual Land Rights for the Company-Owned Interconnection Facilities. Such Land Rights shall contain terms and conditions which are acceptable to Company and the documents setting forth the Land Rights shall be provided in advance of execution to Company for its review and approval and shall be recorded if required by Company. Following the Execution Date, Seller shall provide as part of the Monthly Progress Report the status of negotiations with landowner(s) regarding the Land Rights. Notwithstanding the foregoing, Company shall have the right in its sole discretion, at any time upon notice to Seller, to communicate directly with the landowner(s) and/or participate in the negotiations with landowner(s) for the Land Rights. For so long as Seller has the right under this Agreement to sell electric energy to Company, Seller shall pay for any rents and other payments due under such Land Rights that are associated with Company-Owned Interconnection Facilities.
Land Rights. Member-Owner shall furnish at no cost to the Cooperative any necessary access, easements, licenses, and/or rights of way upon, over, under, and across lands owned or controlled by Member-Owner and/or its affiliated interests for the construction, operation and maintenance by the Cooperative of necessary lines, substations, and other equipment to accomplish interconnection of the Electric Generating Facility with the Cooperative’s Distribution System under this Agreement and the provision of electric service to the Member-Owner under the Agreement for Electric Service, and shall, at all reasonable times, give the Cooperative, and its agents, free access to such lines, substations, and equipment. An accessible, protected and satisfactory site selected upon mutual agreement by the Parties and located on the Member-Owner’s premises shall be provided by and at the Member-Owner’s expense for installation of necessary metering equipment, unless the Cooperative elects to install the metering equipment on a location controlled by it.
Land Rights. See Exhibit 3.2.5
Land Rights. Seller agrees to furnish at no cost to Company all necessary rights of way upon, over, under, and across lands owned or controlled by Seller and/or its Affiliates for the construction and operation of necessary lines, substations, and other equipment to accomplish interconnection under this Agreement and shall, at all reasonable times, give the Company, or its agents, free access to such lines, substations, and equipment. An accessible, protected, and satisfactory site selected upon mutual agreement by the Parties and located on the Seller’s premises shall be provided by and at the Seller’s expense for installation of metering devices, unless Company elects to install meters on poles or other locations controlled by it. Seller grants to Company at all reasonable times, and upon advanced written notice except in the event of an Emergency (in which case prior notice is not required), the right of free ingress and egress to Seller’s premises for the purpose of installing, testing, reading, inspecting, repairing, operating, altering, or removing any of Company’s property located on Seller’s premises or for other purposes necessary to enable Company to receive Energy or determine Seller’s compliance with this Agreement. If any part of Company’s facilities are to be installed on property owned by or under the control of any person other than Seller, Seller shall, if Company is unable to do so without cost to Company, procure from the owners thereof all necessary permanent rights of way and easements, in a form satisfactory to Company, for the construction, operation, maintenance and replacement of Company facilities upon such property. In the event Seller is unable to secure them (a) by condemnation proceedings or (b) by other means, Seller shall reimburse Company for all costs incurred by Company in securing such rights.
Land Rights. In respect of each Connection Point, where either the Company has Connection Assets installed on property under the control of the User, or the User has Connection Equipment installed on the property of the Company then the Company and the User shall agree appropriate arrangements in respect of the rights to place such Connection Equipment or Connection Assets on the property of the other and to operate such Connection Assets or Connection Equipment. Such agreement will be part of the relevant Bilateral Connection Agreement or in an agreement pursuant to the relevant Bilateral Connection Agreement.
Land Rights. 8.1 This Clause applies where We (at our absolute discretion) require a land right in connection with the Works (whether or not at the same time disposing of an existing land right).
8.2 In this Clause “land right” means
(a) in respect of pipes and associated apparatus, a permanent legal easement; and/or
(b) in respect of above ground apparatus where We require sole possession of any portion of land, a legal grant of land in fee simple (or, at our discretion, a legal lease for a period of not less than 125 years (or less at our absolute discretion) from the date of completion of the Works, or in the case of above ground apparatus already the subject of an existing lease, a period ending not later than the date of the existing lease).
8.3 Where We require a land right in land not owned by You:
(a) we will negotiate directly the acquisition of the land right with the relevant owner of the land concerned;
(b) we will not be obliged to exercise (but may) our rights of compulsory acquisition of the land right;
(c) we will at Your request keep You informed of the progress of any such negotiations and will have regard to Your representations but shall not be obliged to engage You in, nor shall You be attempt to engage (save with our consent), in direct negotiations with the land owner concerned;
(d) the terms on which we agree the new land right shall be at our sole discretion but We will inform You of the proposed cost of the new land right (including, so far as known, our and the landowner’s proposed legal and surveyors costs in obtaining the land right) before completing it; We will take reasonable steps to obtain (and keep updated) the estimate of the proposed costs of acquiring any new land right (including solicitors and surveyors costs).
8.4 Where We require a land right in land owned by You:
(a) You will grant to Us a new land right at no cost to Us in the form approved by Us (if not attached to the Estimate) in the location shown on the plan attached to the Estimate within 14 days of our written request to You;
(b) You and We agree that the location of the new land right shown on the plan is approximate only, but We will take reasonable steps to ensure that the Works are positioned as closely as possible, having regard to all the circumstances, to that shown on the plan; and You and We will complete within 14 days of our written request the new land right or any amendment/rectification to it in the location actually positioned in accordance with this sub...
Land Rights. The Contributor agrees to indemnify ATCLLC ------------- with respect to any bona fide dispute regarding (i) the Contributor's right to assign or convey any parcel or right therein; (ii) the validity or assignability of any easement or lease; or (iii) the validity of any deed, but only where the Contributor does not cause title insurance to be provided with respect thereto; in each case where it would be reasonable and prudent for ATCLLC to exercise its condemnation power and where such defect has not previously been resolved through the exercise of prescriptive rights. The indemnification obligation hereunder shall be limited to the reasonable costs incurred by ATCLLC to condemn the applicable parcel, including without limitation, the condemnation award, attorneys fees and other costs incurred relative to such condemnation award and shall include reasonable internal costs (e.g., ATCLLC staff or internal ATCLLC counsel expense).
