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

Lessor to Grant Easements, Etc. Lessor will, from time to time so ------------------------------- long as no Event of Default has occurred and is continuing, at the request of Lessee and at Lessee's cost and expense (but subject to the approval of Lessor, which approval shall not he unreasonably withheld or delayed, and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approved), (i) grant easements and other rights in the nature of easements, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property of any Facility, (iii) dedicate or transfer unimproved portions of the Leased Property of any Facility for road, highway or other public purposes, (iv) execute petitions to have the Leased Property of any Facility annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the Leased Property of any Facility and (vi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interests in the Leased Property of any such Facility), but only upon delivery to Lessor of an Officer's Certificate of Lessee stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the proper conduct of the business of Lessee on the Leased Property of such Facility and does not materially reduce the value of such Facility. Lessor does hereby irrevocably appoint Lessee the attorney-in- fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided above.

Lessor to Grant Easements, Etc. Lessor will, from time to time time, so ------------------------------- long as no Event of Default has occurred and is continuing, at the request of Lessee and at Lessee's cost and expense (but subject to the approval of Lessor, which approval shall not he be unreasonably withheld or delayed, and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approved), (ia) grant easements and other rights in the nature of easementseasements with respect to any Leased Property to third parties, (iib) release existing easements or other rights in the nature of easements which are for the benefit of the any Leased Property of any FacilityProperty, (iiic) dedicate or transfer unimproved portions of the any Leased Property of any Facility for road, highway or other public purposes, (ivd) execute petitions to have the any Leased Property of any Facility annexed to any municipal corporation or utility district, (ve) execute amendments to any covenants and restrictions affecting the any Leased Property of any Facility and (vif) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releases, dedications dedications, transfers, petitions and transfers amendments (to the extent of its interests interest in the Leased Property of any such FacilityProperty), but only upon (i) delivery to Lessor of an Officer's Certificate of Lessee stating that such grant, release, dedication, transfer, petition or amendment is not detrimental to the proper conduct of the business of Lessee on the such Leased Property of such Facility and does not materially reduce the value of such Facility. Lessor does hereby irrevocably appoint Lessee Leased Property, and (ii) obtaining all necessary consents or approvals of any lender holding a mortgage or other security interest in the attorney-in- fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided aboveLeased Property in question.

Lessor to Grant Easements, Etc. To the extent it has authority to do so (and to the extent it does not, Lessor shall make request upon Master Lessor), Lessor will, from time to time so ------------------------------- long as no Event of Default has occurred and is continuingexists, at the request of Lessee and at Lessee's sole cost and expense (but subject to the approval of Lessor, which approval shall not he unreasonably withheld or delayed, and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approved's approval), (i) grant easements and other rights in the nature of easementseasements with respect to its interest in 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 of any FacilityProperty, (iii) dedicate or transfer unimproved portions of its interest in the Leased Property of any Facility for road, highway or other public purposes, (iv) execute petitions to have its interest in the Leased Property of any Facility annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting its interest in the Leased Property of any Facility and (vi) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releases, dedications dedications, transfers, petitions and transfers amendments (to the extent of its interests in the Leased Property of any such FacilityProperty), but only upon delivery to Lessor of a signed affidavit by an Officer's Certificate 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 of such Facility and (c) does not materially reduce the value of such Facility. Lessor does hereby irrevocably appoint Lessee the attorney-in- fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided aboveLeased Property.

Lessor to Grant Easements, Etc. Lessor will, from time to time time, so ------------------------------- long as no Event of Default has occurred and is continuing, at the request of Lessee and at Lessee's cost and expense (but subject to the approval of Lessor, which approval shall not he be unreasonably withheld or delayed, delayed and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approvedLessor's Mortgagee), (ia) grant easements and other rights in the nature of easementseasements with respect to the Leased Property to third parties, (iib) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property of any FacilityProperty, (iiic) dedicate or transfer unimproved portions of the Leased Property of any Facility for road, highway or other public purposes, (ivd) execute petitions to have the Leased Property of any Facility annexed to any municipal corporation or utility district, (ve) execute amendments to any covenants and restrictions affecting the Leased Property of any Facility and (vif) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications dedications, transfers, petitions and transfers amendments (to the extent of its interests in the Leased Property of any such FacilityProperty), but only upon delivery to Lessor of an Officer's Certificate of Lessee stating that such grant, release, dedication, transfer, petition or amendment is does not detrimental to interfere with the proper conduct of the business of Lessee on the Leased Property of such Facility and does not materially reduce the value of such Facility. Lessor does hereby irrevocably appoint Lessee the attorney-in- fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided aboveLeased Property.

Lessor to Grant Easements, Etc. To the extent it has authority to do so (and to the extent it does not, Lessor shall make request upon Master Lessor), Lessor will, from time to time so ------------------------------- long as no Event of Default has occurred and is continuingexists, at the request of Lessee and at Lessee's sole cost and expense (but subject to the approval of Lessor, which approval shall not he unreasonably withheld or delayed, and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approved's approval), (i) grant easements and other rights in the nature of easementseasements with respect to its interest in 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 of any FacilityProperty, (iii) dedicate or transfer unimproved portions of its interest in the Leased Property of any Facility for road, highway or other public purposes, (iv) execute petitions to have its interest in the Leased Property of any Facility annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting its interest in the Leased Property of any Facility and (vi) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releases, dedications dedications, transfers, petitions and transfers amendments (to the extent of its interests in the Leased Property of any such FacilityProperty), but only upon delivery to Lessor of a signed affidavit by an Officer's Certificate 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 of such Facility and (c) does not materially reduce the value of such Facilitythe Leased Property. Lessor does hereby irrevocably appoint Lessee the attorney-in- fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided above.-15-

Lessor to Grant Easements, Etc. Lessor willshall, from time to time so ------------------------------- long as no Master Lease Event of Default or, with respect to the applicable Facility as to which such request is being made, any Facility Default, has occurred and is continuing, at the request of Lessee and at Lessee's no cost and or expense (to Lessor, but subject to the approval of Lessor, which approval shall not he be unreasonably withheld withheld, conditioned or delayed, and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approved), (i) grant easements and other rights in the nature of easements, ; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property of any Facility, Property; (iii) dedicate or transfer unimproved portions of the Leased Property of any Facility for road, highway or other public purposes, ; (iv) execute petitions to have the Leased Property of any Facility annexed to any municipal corporation or utility district, ; (v) execute amendments to any covenants covenants, conditions and restrictions affecting the Leased Property of any Facility Property; and (vi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interests interest in the Leased Property of any such Facility)Property, but only upon delivery to Lessor of an Officer's ’s Certificate of Lessee stating that such grant, grant release, dedication, transfer, petition or amendment is either reasonably necessary for the use, maintenance and/or operation of the Leased Property or would not be detrimental to the proper conduct of the Lessee’s business of Lessee on the Leased Property of such Facility and does and, in each case, would not be reasonably expected to materially reduce the value of such Facility. Lessor does hereby irrevocably appoint Lessee the attorney-in- fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided aboveLeased Property.

Lessor to Grant Easements, Etc. Lessor will, from time to time so ------------------------------- long as no Event of Default has occurred and is continuing, at the request of Lessee and at Lessee's cost and expense (but subject to the approval of Lessor, which approval shall not he be unreasonably withheld or delayed, and provided, however, that if Lessor has not responded to any such request of Lessee within 30 days after receipt thereof, such request shall be deemed approved), (i) grant easements and other rights in the nature of easements, (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property of any FacilityProperty, (iii) dedicate or transfer unimproved portions of the Leased Property of any Facility for road, highway or other public purposes, (iv) execute petitions to have the Leased Property of any Facility annexed to any municipal corporation or utility district, (v) execute amendments to any covenants and restrictions affecting the Leased Property of any Facility and (vi) execute and deliver to any Person person any instrument appropriate to confirm or effect such grants, releases, releases dedications and transfers (to the extent of its interests interest in the Leased Property of any such FacilityProperty), but only upon delivery to Lessor of an Officer's Certificate of Lessee stating that such grant, grant release, dedication, transfer, petition or amendment is not detrimental to the proper conduct of the business of Lessee on the Leased Property of such Facility and does not materially reduce the value of such Facilityits value. Lessor does hereby irrevocably appoint Lessee the attorney-in- in-fact of Lessor during the Term of this Lease to execute any documents relating to the above matters which have been approved or are deemed to have been approved by Lessor as provided above.