Lessor to Grant Easements, Etc. Lessor will, from time to time so long as no Event of Default exists, at the request of Lessee and at Lessee's sole cost and expense (but subject to Lessor's approval), (i) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the Leased Property and (vi) execute and deliver to any person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property), but only upon delivery to Lessor of a signed affidavit by an executive officer or equivalent person of authority at Lessee stating that such grant, release, dedication, transfer, petition or amendment is (a) reasonably required for the continued operation of the Leased Property in accordance with the Primary Intended Use, (b) not detrimental to the proper conduct of the business of Lessee on the Leased Property and (c) does not reduce the value of the Leased Property.
Appears in 4 contracts
Samples: Master Lease Agreement (Alterra Healthcare Corp), Lease (Brookdale Senior Living Inc.), Master Lease Agreement (Brookdale Senior Living Inc.)
Lessor to Grant Easements, Etc. Lessor will, from time to time so long as no Event of Default exists, at the request of Lessee and at Lessee's sole cost and expense (but subject to Lessor's approval), (i) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the Leased Property and (vi) execute and deliver to any person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property), but only upon delivery to Lessor of a signed affidavit by an executive officer or equivalent person of authority at Lessee stating that such grant, release, dedication, transfer, petition or amendment is (a) reasonably required for the continued operation of the Leased Property in accordance with the Primary Intended Use, (b) not detrimental to the proper conduct of the business of Lessee on the Leased Property and (c) does not reduce the value of the Leased Property.. -12-
Appears in 2 contracts
Samples: Lease (Alterra Healthcare Corp), Lease (Alterra Healthcare Corp)
Lessor to Grant Easements, Etc. Lessor willshall, from time to time so long as no Event of Default existshas occurred and is continuing, at the request of Lessee and at Lessee's sole no cost and or expense (to Lessor, but subject to the approval of Lessor's approval), which approval shall not be unreasonably withheld or delayed, (i) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (v) execute amendments to any covenants covenants, conditions and restrictions affecting the Leased Property Property; and (vi) execute and deliver to any person Person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions dedications and amendments (transfers to the extent of its interests interest in the Leased Property), but only upon delivery to Lessor of a signed affidavit by an executive officer or equivalent person of authority at Lessee Officer’s Certificate stating that such grant, grant release, dedication, transfer, petition or amendment is (a) reasonably required necessary for the continued use, maintenance and/or operation of the Leased Property in accordance with the Primary Intended Use, (b) and would not detrimental be reasonably expected to the proper conduct of the business of Lessee on the Leased Property and (c) does not materially reduce the value of the Leased Property.
Appears in 2 contracts
Samples: Master Lease and Security Agreement (Emeritus Corp\wa\), Master Lease and Security Agreement (Hcp, Inc.)
Lessor to Grant Easements, Etc. Lessor willshall, from time to time so long as no Event of Default existshas occurred and is continuing, at the request of Lessee and at Lessee's sole no cost and or expense (to Lessor, but subject to the approval of Lessor's approval), which approval shall not be unreasonably withheld or delayed (i) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, ; (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, ; (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, ; (v) execute amendments to any covenants covenants, conditions and restrictions affecting the Leased Property Property; and (vi) execute and deliver to any person Person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions dedications and amendments (transfers to the extent of its interests interest in the Leased Property), but only upon delivery to Lessor of a signed affidavit by an executive officer or equivalent person of authority at Lessee Officer’s Certificate stating that such grant, grant release, dedication, transfer, petition or amendment is (a) reasonably required necessary to for the continued use, maintenance and/or operation of the Leased Property in accordance with the Primary Intended Use, (b) and would not detrimental be reasonably expected to the proper conduct of the business of Lessee on the Leased Property and (c) does not materially reduce the value of the Leased Property.
Appears in 2 contracts
Samples: Master Lease and Security Agreement (Hcp, Inc.), Master Lease and Security Agreement (Hcp, Inc.)
Lessor to Grant Easements, Etc. Lessor and Tenant will, ------------------------------- from time to time so long as no Event of Default existshas occurred and is continuing, at the request of Lessee the other party and at Lesseesuch requesting party's sole cost and expense (but subject to the approval of Lessor's approval, which approval shall not be unreasonably withheld or delayed, and provided, however, that if Lessor has not -------- ------- responded to any such request of Tenant within 30 days after receipt thereof, such request shall be deemed approved), (i) grant easements and other rights in the nature of easements with respect to the Leased Property to third partieseasements, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the applicable Leased Property, (iii) dedicate or transfer unimproved portions of the applicable Leased Property for road, highway or other public purposes, (iv) execute petitions to have the applicable Leased Property annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the applicable Leased Property and (vi) execute and deliver to any person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions dedications and amendments transfers (to the extent of its interests in the applicable Leased Property), but only upon delivery to Lessor of a signed affidavit by all documentation such party reasonably shall deem necessary and an executive officer or equivalent person of authority at Lessee Officer's Certificate stating that such grant, release, dedication, transfer, petition or amendment is (a) reasonably required for the continued operation of the Leased Property in accordance with the Primary Intended Use, (b) not detrimental to the proper conduct of the business of Lessee Tenant on the applicable Leased Property and (c) does not materially reduce the value of the Leased Property.
Appears in 2 contracts
Samples: Master Lease Agreement (Vencor Healthcare Inc), Master Lease Agreement (Ventas Inc)
Lessor to Grant Easements, Etc. Lessor will, from time to time so long as no Event of Default exists, at the request of Lessee and at Lessee's sole cost and expense (but subject to Lessor's ’s approval), (i) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the Leased Property and (vi) execute and deliver to any person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property), but only upon delivery to Lessor of a signed affidavit by an executive officer or equivalent person of authority at Lessee stating that such grant, release, dedication, transfer, petition or amendment is (a) reasonably required for the continued operation of the Leased Property in accordance with the Primary Intended Use, (b) not detrimental to the proper conduct of the business of Lessee on the Leased Property and (c) does not reduce the value of the Leased Property. Lessor shall not take any of the foregoing actions without Lessee’s approval.
Appears in 1 contract