Common use of Landlord to Grant Easements, Etc Clause in Contracts

Landlord to Grant Easements, Etc. Landlord shall from time to time, at the request of Tenant and at Landlord's sole cost and expense, (a) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (c) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (d) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the Leased Property and (f) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, release, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property); provided, however, that Landlord shall have first determined, in its reasonable discretion, that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation of the Leased Property for its Primary Intended Use and is beneficial to the value of the Leased Property and is not in violation of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall from time to time, at the request of Tenant and at Landlord's sole cost and expense, (a) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (c) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (d) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the Leased Property and (f) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, release, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property); provided, however, that Landlord shall have first determined, in its reasonable discretion, that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation of the Leased Property for its Primary Intended Use and is beneficial to the value of the Leased Property and is not in violation of the Management Agreement, any Superior Lease or any Superior Mortgage, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall will, from time to time, so long as no Default shall have occurred and be continuing, at the request of Tenant with respect to the applicable Leased Property and at LandlordTenant's sole cost and expense, (a) grant easements and other rights in the nature of easements with respect to the such Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the such Leased Property, (c) dedicate or transfer unimproved portions of the such Leased Property for road, highway or other public purposes, (d) execute petitions to have the such Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the such Leased Property and (f) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, release, dedications, transfers, petitions and amendments (to the extent of its interests in the such Leased Property); provided, however, provided that Landlord shall have first determined, in its reasonable discretion, determined that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation of the such Leased Property for its Primary Intended Use and is beneficial to does not materially reduce the value of the such Leased Property and is not in violation of the Management AgreementProperty, and that Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with and such additional information as Landlord may request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall will, from time to -------------------------------- time, so long as no Event of Default has occurred and is continuing, at the request of Tenant and at LandlordTenant's sole cost and expenseexpense (but subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed), (a) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (c) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (d) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the Leased Property and (f) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releasereleases, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property); provided, however, that but only upon delivery to Landlord shall have first determined, in its reasonable discretion, of an Officer's Certificate stating that such grant, release, dedication, transfer, petition or amendment is does not detrimental materially and adversely affect (A) the ability of the relevant Tenant to pay any of its obligations to any Person as and when due, (B) the marketability of title to the operation of Leased Property, (C) the Leased Property for its Primary Intended Use and is beneficial to the fair market value of the Leased Property and is not in violation of the Management Agreement, and Landlord shall have received within five or (5D) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence)Property.

Landlord to Grant Easements, Etc. Landlord shall will, from time to time, so long as no Default shall have occurred and be continuing, at the request of Tenant with respect to the applicable Leased Property and at LandlordTenant's sole cost and expense, (a) grant easements and other rights in the nature of easements with respect to the such Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the such Leased Property, (c) dedicate or transfer unimproved portions of the such Leased Property for road, highway or other public purposes, (d) execute petitions to have the such Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the such Leased Property and (f) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, release, dedications, transfers, petitions and amendments (to the extent of its interests in the such Leased Property); provided, however, provided that Landlord shall have first determined, in its reasonable discretion, determined that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation of the such Leased Property for its Primary Intended Use and is beneficial to does not materially reduce the value of the such Leased Property and is not in violation of the Management AgreementProperty, and that Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determinationcertification, together with and such additional information as Landlord may reasonably request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall shall, from time to timetime so long as no Event of Default has occurred and is continuing, at the request of Tenant and at LandlordTenant's sole cost and expense, : (ai) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (bii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (ciii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (div) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (ev) execute amendments to any covenants and restrictions affecting the Leased Property Property; and (fvi) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releasereleases, dedications, transfers, petitions dedications and amendments transfers (to the extent of its interests interest in the Leased Property); provided, howeverbut only upon delivery to Landlord of an Officer's Certificate (which Officer's Certificate, that Landlord if contested by Landlord, shall have first determined, in its reasonable discretion, not be binding on Landlord) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation proper conduct of the Leased business of Tenant on the Property and does not materially reduce its value or usefulness for its the Primary Intended Use and is beneficial Use. Landlord shall not grant, release, dedicate or execute any of the foregoing items in this Section 9.4 without obtaining Tenant's approval, which approval shall not be unreasonably withheld or delayed; provided no such approvals shall be required by Landlord for Landlord to grant at Tenant's request easements in the normal course of operations which do not materially adversely affect the value of the Leased Property and is not in violation of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence)Property.

Landlord to Grant Easements, Etc. Landlord shall from time to time, at the request of Tenant and at Landlord's sole cost and expense, (a) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (c) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (d) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the Leased Property and (f) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, release, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property); provided, however, that Landlord shall have first determined, in its reasonable discretion, that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation of the Leased Property for its Primary Intended Use and is beneficial to the value of the Leased Property and is not in violation of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain Tenant's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall shall, from time to time-------------------------------- time so long as no Event of Default has occurred and is continuing, at the request of Tenant and at LandlordTenant's sole cost and expenseexpense (but subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed): (ai) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (bii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (ciii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (div) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (ev) execute amendments to any covenants and restrictions affecting the Leased Property Property; and (fvi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releasereleases, dedications, transfers, petitions dedications and amendments transfers (to the extent of its interests interest in the Leased Property); provided, howeverbut only upon delivery to Landlord of an Officer's Certificate (which Certificate, that Landlord if contested by Landlord, shall have first determined, in its reasonable discretion, not be binding on Landlord) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation proper conduct of the Leased Property for its Primary Intended Use and is beneficial to the value business of Tenant on the Leased Property and is does not in violation reduce its value or usefulness for the Primary Intended Use. Landlord shall not grant, release, dedicate or execute any of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain foregoing items in this Section 7.4 without obtaining Tenant's prior written approval, which approval shall not be ----------- unreasonably withheld, conditioned withheld or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall shall, from time to time-------------------------------- time so long as no Event of Default has occurred and is continuing, at the request of Tenant and at LandlordTenant's sole cost and expenseexpense (but subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed): (ai) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (bii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (ciii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (div) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (ev) execute amendments to any covenants and restrictions affecting the Leased Property Property; and (fvi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releasereleases, dedications, transfers, petitions dedications and amendments transfers (to the extent of its interests interest in the Leased Property); provided, howeverbut only upon delivery to Landlord of an Officer's Certificate (which Certificate, that Landlord if contested by Landlord, shall have first determined, in its reasonable discretion, not be binding on Landlord) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation proper conduct of the Leased Property for its Primary Intended Use and is beneficial to the value business of Tenant on the Leased Property and is does not in violation reduce its value or usefulness for the Primary Intended Use. Landlord shall not grant, release, dedicate or execute any of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain foregoing items in Section ------- 7.4 without obtaining Tenant's prior written approval, which approval shall not be --- unreasonably withheld, conditioned withheld or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall shall, from time to timetime so long as no Event of Default has occurred and is continuing, at the request of Tenant and at LandlordTenant's sole cost and expenseexpense (but subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed and which approval shall not be deemed unreasonably withheld or delayed if Landlord must obtain a Facility Mortgagee's consent and if such Facility Mortgagee elects not to consent): (ai) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (bii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (ciii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (div) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (ev) execute amendments to any covenants and restrictions affecting the Leased Property Property; and (fvi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releasereleases, dedications, transfers, petitions dedications and amendments transfers (to the extent of its interests interest in the Leased Property); provided, howeverbut only upon delivery to Landlord of an Officer's Certificate (which Certificate, that Landlord if contested by Landlord, shall have first determined, in its reasonable discretion, not be binding on Landlord) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation proper conduct of the business of Tenant on the Leased Property and does not reduce its value or usefulness for its the Primary Intended Use and is beneficial to describing in reasonable detail the value nature of such proposed grant, release, dedication, transfer, petition or amendment. Landlord shall not grant, release, dedicate or execute any of the Leased Property and is not foregoing items in violation of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain this Section 7.3 without obtaining Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).

Landlord to Grant Easements, Etc. Landlord shall shall, from time to timetime so long as no Event of Default has occurred and is continuing, at the request of Tenant and at LandlordTenant's sole cost and expenseexpense (but subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed) including without limitation in connection with the sale of the Other Parcels as described in Section 7.2: (ai) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (bii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (ciii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (div) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (ev) execute amendments to any covenants and restrictions affecting the Leased Property Property; and (fvi) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releasereleases, dedications, transfers, petitions dedications and amendments transfers (to the extent of its interests interest in the Leased Property); provided, howeverbut only upon delivery to Landlord of an Officer's Certificate (which Officer's Certificate, that Landlord if contested by Landlord, shall have first determined, in its reasonable discretion, not be binding on Landlord) stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the operation proper conduct of the Leased business of Tenant on the Property and does not reduce its value or usefulness for its the Primary Intended Use and is beneficial to the value Use. Landlord shall not grant, release, dedicate or execute any of the Leased Property and is not foregoing items in violation of the Management Agreement, and Landlord shall have received within five (5) Business Days of its request an Officer's Certificate confirming such determination, together with such additional information as Landlord may request. Landlord agrees to obtain this Section 9.4 without obtaining Tenant's prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed, as to any recorded covenants, conditions and restrictions which would affect the use or operation of the Leased Property as it is then being used or operated by Tenant in accordance with this Lease (it being agreed that the provisions of a Facility Mortgage or a ground lease shall not be deemed to constitute covenants, conditions and restrictions subject to this sentence).