Public Access and Easements Sample Clauses

Public Access and Easements. (a) The Developer will, at no cost to Council, register against the title to the Land: (i) a covenant in the terms set out in Schedule 3 prohibiting any building or structures from being constructed on the Open Space Land, other than structures for the purposes of enhancing public use of the Open Space Land as open space, which covenant is to be limited in depth to that which is necessary to accommodate the basement level of the Development; and (ii) an easement in gross in the terms set out in Schedule 3 ,burdening the Open Space Land in favour of the Council permitting public access to the Open Space Land, which easement is to be limited in depth so as not to apply to the basement level of the Development. (b) Any requirement to register an easement, covenant or other instrument against the title to the Land will be satisfied when the Developer provides to the Council a copy of the relevant title search showing the registration of the instrument. (c) Any easement or covenant required under clause 6.5(a) must be registered: (i) in respect of the Stage H2 Public Open Space when any plan to effect a stratum subdivision to create the Stage H2 Public Open Space as a separate lot is registered, or prior to the issue of the first Occupation Certificate for Stage H2 of the Development, whichever is the later; and (ii) in respect of the remainder of the Open Space Land – when any plan to effect a stratum subdivision to create that part of the Open Space Land as a separate lot is registered, or prior to the issue of the first Occupation Certificate for Stage H3 of the Development, whichever is the later. (d) The parties agree that the proposed covenant and easement under this clause will serve the following public purposes: (i) To increase the amount of and improve existing public open space areas in the vicinity of the Land; (ii) To improve pedestrian circulation and the amenity of the public domain in the vicinity of the Land. (e) The Developer agrees and acknowledges that the obligations under this clause
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Public Access and Easements. (a) Upon the LEP being amended as sought in the Planning Proposal, the Second Applicant will, at no cost to Council, register against the title to the Land, the Easement, being: (i) an easement in gross burdening the Easement Area, being that part of the Land on which the Bridge Works will be located and that part of the Land on which the future footbridge connection facilitated by the Contribution will be constructed, as shown in the plan at Schedule 4 of this Deed, in favour of the Council permitting public pedestrian access over the Bridge Works and the future footbridge connection and generally in accordance with the Easement Terms. (b) Any requirement to register an easement, covenant or other instrument against the title to the Land will be satisfied when the Applicant provides to the Council a copy of the relevant title search showing the registration of the instrument. (c) Any easement, required under clause 6.4(a) must be registered prior to the issue of any Occupation Certificate for the future development of the Land. (d) The parties agree that the proposed easement under this clause will serve the Public Purpose. (e) The Applicant agrees and acknowledges that the obligations under this clause
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Public Access and Easements. ‌ (a) In accordance with this clause 7.6, the Landowner will, at no cost to Council, register against the title to the Land an easement in gross burdening the Public Access Land (with Council as the prescribed authority), permitting public access to the Public Access Land in accordance with the Easement Terms and on any other terms reasonably required by Council. (b) The parties acknowledge that the Public Access Land may be constructed in stages in accordance with a future Development Consent and that the Public Access Land may be delivered in parts. The proportion of Public Access Land delivered with any one stage must be equivalent to the proportion of residential GFA approved by that stage. For example, if 20% of the total residential GFA is constructed under a development consent, then at least 20% of the Public Access Land must be delivered in connection with that stage of the development, prior to an occupation certificate being issued for that stage of the development. (c) The Landowner must register an easement in gross burdening any part of the Public Access Land that will be open to the public or occupants of the Development, in accordance with clause 7.6(a), prior to any occupation certificate for the stage of the development that the Public Access Land is constructed under. (d) Any requirement to register an easement, covenant or other instrument against the title to the Land will be satisfied when the Landowner provides to the Council a copy of the relevant title search showing the registration of the instrument. (e) The parties agree that the proposed easement under this clause will serve the following public purposes: (i) To increase the amount of and improve existing public open space areas in the vicinity of the Land; (ii) To improve pedestrian circulation and the amenity of the public domain in the vicinity of the Land. (f) The Landowner agrees and acknowledges that the obligations under this clause
Sample 1
Public Access and Easements. (1) Subject to clause 6.2, the Developer will, at no cost to Council, register against the title to the Land: (a) a covenant prohibiting any building or structures, including pillars, other than structures approved by the Council (acting reasonably) for the purposes of enhancing public domain areas, to be constructed on [describe the location where public access is required by reference to plan and include a defined term if required e.g. Setback Area], which covenant is to be limited in height and depth [describe limitations]; and (b) an easement in gross burdening that part of the Land on which the [eg. Setback Area] is located limited in height to [describe limitations] in favour of the Council permitting public access to the [e.g. Setback Area] and generally in accordance with the Easement Terms. (2) Any requirement to register an easement, covenant or other instrument against the title to the Land will be satisfied when the Developer provides to the Council a copy of the relevant title search showing the registration of the instrument. (3) Any covenant required under clause (1) must be registered prior to the issue of the first Construction Certificate for any building on the Land forming part of the Development. (4) Any easement, required under clause (1) must be registered prior to the issue of an Occupation Certificate for any building on the Land forming part of the Development.
Sample 1
Public Access and Easements. (a) The Developer will, at no cost to Council, register against the title to the Land an easement burdening that part of the Land comprising the Easement Site in favour of the Council permitting public access to the Easement Site and generally in accordance with the Easement Terms.‌ (b) The Developer's obligation under clause 6.3(a) will be satisfied when the Developer provides to the Council a copy of the relevant title search showing the registration of the easement. (c) The easement required under clause (a) must be registered in accordance with the timeframes specified in Schedule 1. (d) The Developer will, at no cost to Council, register against the title to the Land an easement, in terms to be agreed by the Parties, burdening that part of the Land between the new north-south road and Pennant Hills Road that is zoned SP2 Infrastructure and indicatively identified on the Plan, to permit public access by pedestrians and cyclists between Pennant Hills Road and the new north-south road. (e) The easement required under clause 6.3(d) must be registered in accordance with the timeframes specified in Schedule 1. (f) The parties agree that the proposed covenant and easement under this clause will serve the following public purposes: (i) the provision of public amenities or public services in accordance with s 7.2(2)(a) of the Act; and (ii) the conservation or enhancement of the natural environment in accordance with s 7.2(2)(f) of the Act.
Sample 1
Public Access and Easements. (a) The Developer will, at no cost to Council, register against the title to the Land an easement burdening that part of the Land comprising the Easement Site in favour of the Council permitting public access to the Easement Site and generally in accordance with the Easement Terms.‌ (b) The Developer's obligation under clause 6.3(a) will be satisfied when the Developer provides to the Council a copy of the relevant title search showing the registration of the easement. (c) The easement required under clause (a) must be registered in accordance with the timeframes specified in Schedule 1. (d) The parties agree that the proposed covenant and easement under this clause will serve the following public purposes: (i) the provision of public amenities or public services in accordance with s 7.2(2)(a) of the Act; and (ii) the conservation or enhancement of the natural environment in accordance with s 7.2(2)(f) of the Act.
Sample 1
Public Access and Easements. (a) Subject to clause 6.2, the Developer will, at no cost to Council, register against the title to the Land: (i) a covenant prohibiting any building or structures, including pillars, other than structures approved by the Council (acting reasonably) for the purposes of enhancing public domain areas, to be constructed on the Pedestrian Link Land, which covenant is to be limited in height and depth as required by the design for the Pedestrian Link Land and approved by Council; and (ii) an easement in gross burdening the Pedestrian Link Land unlimited in height in favour of the Council permitting public access to the Pedestrian Link Land and generally in accordance with the Easement Terms; (iii) an easement for support benefiting the Pedestrian Link Land generally in accordance with the Easement for Support Terms. (b) Any requirement to register an easement, covenant or other instrument against the title to the Land will be satisfied when the Developer provides to the Council a copy of the relevant title search showing the registration of the instrument.
Sample 1
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Public Access and Easements. (a) The Developer will, at no cost to Council, register the Public Easement against the relevant title to the Land. (b) The obligation to register the Public Easement will be taken to have been satisfied when a Certificate of Title is issued by NSW Land and Property Information showing the covenant and Public Easement burdening the relevant Land. (c) The Public Easement must be registered on the relevant title of the Land within 12 months of the issue of the the first Occupation Certificate for the Development or any part of the Development. (d) The parties agree and acknowledge that the Public Easement will serve the public purpose of enhancing accessibility within the Parramatta CBD and public transport facilities. (e) The Developer acknowledges and agrees that Council may require any part of the Development within the Public Easement to meet its reasonable standards and specifications for public domain areas. 7 Application of s 94, s 94A and s 94EF of the Act to the Development (a) This agreement does not exclude the application of section 94 of the Act to the Development. (b) This agreement does not exclude the application of section 94A of the Act to the Development. (c) This agreement does not exclude the application of section 93EF of the Act to the Development.
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Related to Public Access and Easements

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect; (b) All easements granted pursuant to the REA which were to have survived the site preparation and completion of construction (to the extent that the same has been completed), remain in full force and effect and have not been released, terminated, extinguished or discharged by agreement or otherwise; (c) All sums due and owing by Borrower to the other parties to the REA (or by the other parties to the REA to the Borrower) pursuant to the terms of the REA, including without limitation, all sums, charges, fees, assessments, costs, and expenses in connection with any taxes, site preparation and construction, non-shareholder contributions, and common area and other property management activities have been paid, are current, and no lien has attached on the Property (or threat thereof been made) for failure to pay any of the foregoing; (d) The terms, conditions, covenants, uses and restrictions contained in the REA do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in any Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions; and (e) The terms, conditions, covenants, uses and restrictions contained in each Lease do not conflict in any manner with any terms, conditions, covenants, uses and restrictions contained in the REA, any other Lease or in any agreement between Borrower and occupant of any peripheral parcel, including without limitation, conditions and restrictions with respect to kiosk placement, tenant restrictions (type, location or exclusivity), sale of certain goods or services, and/or other use restrictions.

  • Ingress and Egress Seller represents that there is ingress and egress to the Real Property and title to 400 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access.

  • Public Access Grantor acknowledges and agrees that the general public shall have the regular and substantial opportunity to view the Façade from the streets, sidewalks and other property near the Buildings. Grantor shall have no obligation under this Agreement to allow the general public to view the interior of the Buildings.

  • Utility Easements There is hereby reserved for the use and benefit of the Association and all Owners, non-exclusive easements within the Common Areas for the location, installation and maintenance of utilities and drainage facilities of convenience or necessity as may be requested or required by the Association or any Owner provided that the grant thereof does not unreasonably interfere with the normal operation, improvement, and use of the Common Area and the buildings constructed within the Center, and no affirmative monetary obligation is imposed upon the Owners (other than the Owner benefiting from such easement). The Declarant (and the Board where there no longer is a Declarant) shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas and/or the Parcels. The Owner of any Parcel and any of his Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install, maintain, operate, repair and service utilities and drainage facilities thereon for the use and benefit of his Parcel; provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condition as existed prior to such entry and shall comply with the provisions of Section 11.6. The Owner of any Parcel shall have the right to assign the benefit and use of any such easement to any public or private utility company, agency or district for the purpose of installing, operating, repairing, servicing and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, "utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone, fiberoptic, cable TV, and telegraph cables and lines, and other similar or related facilities commonly regarded as utilities. All storm drains, utility lines, transformers and meters shall be maintained under the terms of this Declaration in a safe and good working condition by the party responsible therefor. No grantee of a utility easement shall in the use, construction, reconstruction, operation, maintenance or repair of any storm drains, utility lines, transformers and meters in any way interfere, obstruct or delay the business of the grantor of said easement or any other Owner or Occupant, or the public access to and from said business or interfere, obstruct or delay in any way the receiving of merchandise by said grantor or any Owner or Occupant. EXHIBIT F -35- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

  • Granting of Easements If no Event of Default under this Project Lease shall have happened and be continuing, the Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Owner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (1) a copy of the instrument of grant or release or of the agreement or other arrangement, (2) a written application signed by the Authorized Tenant Representative requesting such instrument, and (3) a certificate executed by the Tenant stating (A) that such grant or release is not detrimental to the proper conduct of the business of the Tenant, and (B) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Owner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the Owner and shall not be affected by any termination of this Project Lease or default on the part of the Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Tenant, but, in the event of the termination of this Project Lease because of an Event of Default, all rights then existing of the Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

  • Utilities and Public Access Each Individual Property has rights of access to public ways and is served by water, sewer, sanitary sewer and storm drain facilities adequate to service such Individual Property for its respective intended uses. All public utilities necessary or convenient to the full use and enjoyment of each Individual Property are located either in the public right-of-way abutting such Individual Property (which are connected so as to serve such Individual Property without passing over other property) or in recorded easements serving such Individual Property and such easements are set forth in and insured by the Title Insurance Policies. All roads necessary for the use of each Individual Property for their current respective purposes have been completed and dedicated to public use and accepted by all Governmental Authorities.

  • Requirements Pertaining Only to Federal Grants and Subrecipient Agreements If this Agreement is a grant that is funded in whole or in part by Federal funds:

  • Grant of Easements Provided no Event of Default has occurred and is continuing, Landlord will join in granting and, if necessary, modifying or abandoning such rights-of-way, easements and other interests as may be reasonably requested by Tenant for ingress and egress, and electric, telephone, gas, water, sewer and other utilities so long as: (a) the instrument creating, modifying or abandoning any such easement, right-of-way or other interest is satisfactory to and approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned); (b) Landlord receives an Officer’s Certificate from Tenant stating (i) that such grant, modification or abandonment is not detrimental to the proper conduct of business on such Property, (ii) the consideration, if any, being paid for such grant, modification or abandonment (which consideration shall be paid by Tenant), (iii) that such grant, modification or abandonment does not impair the use or value of such Property for the Permitted Use, and (iv) that, for as long as this Agreement shall be in effect, Tenant will perform all obligations, if any, of Landlord under any such instrument; and (c) Landlord receives evidence satisfactory to Landlord that the Manager has granted its consent to such grant, modification or abandonment in accordance with the requirements of such Manager’s Management Agreement or that such consent is not required.

  • Reservations and Exceptions 1. Articles 3, 4, 6 and 12 shall not apply to: (a) Any existing non-conforming measure that is maintained by: (i) With respect to Japan: (A) The central government or a prefecture, as set out in its Schedule in Annex I; or (B) A local government other than prefectures; (ii) With respect to the Republic of Peru: (A) The central government or a regional government, as set out in its Schedule in Annex I; or (B) A local government (b) The continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) An amendment or modification to any non-conforming measure referred to in subparagraph (a), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification, with Articles 3, 4, 6 and 12. 2. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors and activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II after the entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) Notify the other Contracting Party of detailed information on such amendment, modification or measure; and (b) Hold, upon request by the other Contracting Party, consultations in good-faith with that other Contracting Party. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the reservations specified in its Schedules in Annexes I and II respectively. 6. Articles 3, 4, 6 and 12 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

  • Disclosure and Use Restrictions Executive agrees and covenants: (i) to treat all Confidential Information as strictly confidential; (ii) not to directly or indirectly disclose, publish, communicate, or make available Confidential Information, or allow it to be disclosed, published, communicated, or made available, in whole or part, to any entity or person whatsoever (including other employees of the Company) not having a need to know and authority to know and use the Confidential Information in connection with the business of the Company and, in any event, not to anyone outside of the direct employ of the Company except as required in the performance of Executive’s authorized employment duties to the Company or with the prior consent of the Board acting on behalf of the Company in each instance (and then, such disclosure shall be made only within the limits and to the extent of such duties or consent); and (iii) not to access or use any Confidential Information, and not to copy any documents, records, files, media, or other resources containing any Confidential Information, or remove any such documents, records, files, media, or other resources from the premises or control of the Company, except as required in the performance of Executive’s authorized employment duties to the Company or with the prior consent of the Board acting on behalf of the Company in each instance (and then, such disclosure shall be made only within the limits and to the extent of such duties or consent). Nothing herein shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation, or order. Executive shall promptly provide written notice of any such order to the Board.

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