Leases and Easements a. For each of the Initial Facilities, Company and Operator shall use commercially reasonable efforts to promptly execute and deliver, as applicable, such (i) surface use agreements substantially in the form of Schedule I hereto (each, a “Lease”) and/or (ii) easements substantially in the form of Schedule II hereto (each, an “Easement”), which shall cover the applicable portion(s) of the Lands, in each case, as are necessary or convenient in connection with such Initial Facilities, with such modifications to each such Lease and/or Easement forms as may be necessary to incorporate the specific terms of the applicable Initial Facility.
Leases and Easements. (a) Except for Leases and Easements, the failure of which to possess or hold would not have a Material Adverse Effect on the Operations, Schedule 1.01C contains an accurate and complete list of Leases and Easements held by Seller or its Affiliates and related to the Refinery. All Leases and Easements are legal, valid and binding obligations of the Seller, enforceable against the Seller in accordance with their terms, except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights generally and general principles of equity (regardless of whether enforceability is considered in a proceeding at law or in equity), and are in full force and effect. To the Knowledge of Seller, no material default exists with respect to any such Lease or Easement. Except for matters that do not materially interfere with the Seller's rights, the Seller enjoys peaceful and undisturbed possession under the Easements and Leases.
Leases and Easements. (a) Except for Leases and Easements, the failure of which to possess or hold would not have a Material Adverse Effect, Schedule 1.01C contains an accurate and complete list of Leases and Easements held by Seller and related to the Operations. All Leases and Easements are
Leases and Easements. Nothing in this Agreement is intended to restrict or in any way affect Redeveloper’s right to lease all or any part of the Project Site or to create or receive easements relating to the Project, the Project Site, any nearby property or the use or operation of the Project or Project Site at any time, without the consent of the City.
Leases and Easements
