Common use of No Obstructions Clause in Contracts

No Obstructions. Grantor shall not erect, cause, or permit to be caused, the erection or growth of, or permit or suffer to remain upon the Easement Areas, any growth, building, structure, or other object or improvement extending or encroaching into, upon or over such area, in such manner as to impede the use by BPW and its Permittees of the Easement Areas under this Agreement. In the event that Grantor defaults in the performance of any of the obligations required to be observed or performed pursuant to the terms of this Agreement, BPW shall have the right, but not the obligation, upon the expiration of thirty (30) days’ written notice to Grantor to cure such default for the account of and at the expense of Grantor, provided that Grantor has not, prior to the expiration of such 30-day notice period, cured the default or commenced to cure the default and is diligently continuing such efforts to cure the same. Notwithstanding the provisions of the preceding sentence, in the event of emergency conditions constituting a default hereunder, which will include without limitation, a default of such a nature that impairs BPW’s access to the Easement Areas, BPW acting in good faith shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, BPW shall have the right to enter upon the Henlopen Gardens Parcels (but not any buildings contained on or within the Henlopen Gardens Parcels) to perform any necessary work or furnish any necessary materials or services to cure the default as BPW shall deem reasonably necessary or appropriate.

Appears in 1 contract

Samples: Utility Easement and Maintenance Agreement

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No Obstructions. Grantor shall not erect, cause, or permit to be caused, the erection or growth of, or permit or suffer to remain upon the Easement AreasArea, any growth, building, structure, or other object or improvement extending or encroaching into, upon or over such area, in such manner as to impede the use by BPW and its Permittees of the Easement Areas Area under this Agreement. In the event that Grantor defaults in the performance of any of the obligations required to be observed or performed pursuant to the terms of this Agreement, BPW shall have the right, but not the obligation, upon the expiration of thirty (30) days’ written notice to Grantor to cure such default for the account of and at the expense of Grantor, provided that Grantor has not, prior to the expiration of such 30-day notice period, cured the default or commenced to cure the default and is diligently continuing such efforts to cure the same. Notwithstanding the provisions of the preceding sentence, in the event of emergency conditions constituting a default hereunder, which will include without limitation, a default of such a nature that impairs BPW’s access to the Easement AreasArea, BPW acting in good faith shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, BPW shall have the right to enter upon the Henlopen Gardens Parcels Anthaney-Colquhon Parcel (but not any buildings contained on or within the Henlopen Gardens ParcelsAnthaney-Colquhon Parcel) to perform any necessary work or furnish any necessary materials or services to cure the default as BPW shall deem reasonably necessary or appropriate.

Appears in 1 contract

Samples: Utility Easement and Maintenance Agreement

No Obstructions. Grantor The Ritters shall not erect, cause, or permit to be caused, the erection or growth of, or permit or suffer to remain upon the Easement AreasArea, any growth, building, structure, or other object or improvement extending or encroaching into, upon or over such area, in such manner as to impede the use by BPW and its Permittees of the Easement Areas Area under this Agreement. In the event that Grantor defaults the Ritters default in the performance of any of the obligations required to be observed or performed pursuant to the terms of this Agreement, BPW shall have the right, but not the obligation, upon the expiration of thirty (30) days’ written notice to Grantor the Ritters to cure such default for the account of and at the expense of Grantorthe Ritters, provided that Grantor has the Ritters have not, prior to the expiration of such 30-day notice period, cured the default or commenced to cure the default and is diligently continuing such efforts to cure the same. Notwithstanding the provisions of the preceding sentence, in the event of emergency conditions constituting a default hereunder, which will include without limitation, a default of such a nature that impairs BPW’s access to the Easement AreasArea, BPW acting in good faith shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, BPW shall have the right to enter upon the Henlopen Gardens Parcels Xxxxxx Parcel (but not any buildings contained on or within the Henlopen Gardens ParcelsXxxxxx Parcel) to perform any necessary work or furnish any necessary materials or services to cure the default as BPW shall deem reasonably necessary or appropriate.

Appears in 1 contract

Samples: Utility Easement and Maintenance Agreement

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No Obstructions. Grantor shall not erect, cause, or permit to be caused, the erection or growth of, or permit or suffer to remain upon the Easement AreasArea, any growth, building, structure, or other object or improvement extending or encroaching into, upon or over such area, in such manner as to impede the use by BPW and its Permittees of the Easement Areas Area under this Agreement. In the event that Grantor defaults in the performance of any of the obligations required to be observed or performed pursuant to the terms of this Agreement, BPW shall have the right, but not the obligation, upon the expiration of thirty (30) days’ written notice to Grantor to cure such default for the account of and at the expense of Grantor, provided that Grantor has not, prior to the expiration of such 30-day notice period, cured the default or commenced to cure the default and is diligently continuing such efforts to cure the same. Notwithstanding the provisions of the preceding sentence, in the event of emergency conditions constituting a default hereunder, which will include without limitation, a default of such a nature that impairs BPW’s access to the Easement AreasArea, BPW acting in good faith shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, BPW shall have the right to enter upon the Henlopen Gardens Parcels Beebe Parcel (but not any buildings contained on or within the Henlopen Gardens ParcelsBeebe Parcel) to perform any necessary work or furnish any necessary materials or services to cure the default as BPW shall deem reasonably necessary or appropriate.

Appears in 1 contract

Samples: Utility Easement and Maintenance Agreement

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