Relocation of Easements. At the request of either Party, the areas burdened by the easement granted herein shall be subject to relocation upon the consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. The cost of the relocation shall be determined as set forth in the O&M Agreement, which provisions shall continue to apply even after its termination unless the Parties otherwise agree.
Relocation of Easements. Kennecott shall have the right to relocate the Ease- ments within the Easement Corridor. In such event, Kennecott and the District shall cooperate in identifying the replacement location. If the relocation occurs prior to the design and construction of pipelines within the original Pipeline Easement, then Jordan Valley shall bear the costs of construction and use of pipelines in the relocated Pipeline Easement. If the relocation occurs af- ter pipelines have been installed in the Pipeline Easement, then Kennecott shall relocate the ex- isting pipelines at Kennecott’s risk and expense, and Jordan Valley shall bear any incremental increase in Jordan Valley’s maintenance, replacement, pumping, operating or any other costs as- sociated with the use of pipelines in the relocated Pipeline Easement.
Relocation of Easements. The owner of any Easement Area may elect to change the location of all or any portion of the Easement Area, on not less than ninety days' prior written notice to the owner of the parcel benefitted by any Easement or Non-Exclusive Right specifying the proposed effective date of such relocation. The owner of the benefitted parcel shall have thirty days from receipt of said notice to approve the relocation, with or without modification, such approval to serve as evidence that any such relocation shall not deprive the benefitted party of the practical realization of the benefits of such Easement Area. Upon receipt of the written approval of the benefitted party, the Owner of the Easement Area seeking the relocation shall obtain the approval of the New York City Department of Buildings and/or the New York City Department of Business Services, as applicable. No relocation shall become effective unless and until such governmental approval shall have been obtained. Any such relocation shall occur at the sole cost and expense of the Easement Area owner. Any relocated Easement or Non-Exclusive Right shall be subject to all of the terms, covenants and conditions of this Declaration. Upon the relocation of any Easement Area pursuant to the terms of this Section 4.09, the owner of the Parcel benefitted shall execute and deliver to the owner of the Parcel formerly burdened such documents in recordable form as the owner of the former Easement shall require to evidence the Release and/or relocation thereof.
Relocation of Easements. Notwithstanding anything to the contrary contained herein, each party agrees that upon the written request of a party (the "Requesting Party"), the other parties (collectively, the "Other Party") ---------------- ----- ----- will consent and cause its Affiliates to consent to the relocation of the applicable portion of the Easement Area provided that (a) the Requesting Party pays the cost of such relocation including but not limited to costs related to the moving or rebuilding (or both) of any facilities in connection with such relocation, (b) such relocation will be to a portion of (x) the Retained Morgantown Land (if the relocation is of a Retained Morgantown Land Easement) approved by the Other Party, the Facility Site (if the relocation is of a Facility Site Easement) approved by the Other Party or the Xxxxxxxx Flyash Facility Site (if the relocation is of a Xxxxxxxx Flyash Facility Site Easement) approved by the Other Party, (c) such relocation will not materially adversely affect the use or operation of the facilities located thereon except for the minimum downtime associated with the cut-over for such relocation process in accordance with Prudent Industry Practice or materially adversely affect the use or operation of the facilities benefitting from such easement, (d) the Requesting Party's request for relocation is not inconsistent with Prudent Industry Practice, (e) such relocating does not materially diminish the size and scope of the easement as it existed prior to such relocation and does not otherwise materially decrease the Other Party's rights hereunder, (f) such actions shall not diminish, other than in an immaterial respect, the current and residual value, remaining useful life or utility of the facilities located thereon as measured immediately prior to such actions, and (g) the Requesting Party obtains and delivers to the Other Party executed counterparts (in recordable form) of all documents necessary to grant and convey to the Other Party all the applicable easements and rights under this Facility Site Lease with respect to the relocation of the applicable portion of the Easement Area. Notwithstanding the foregoing, prior to the expiration or termination of the Site Sublease Term, any party may relocate easements burdening such party's land, without the consent of the other parties, provided such party complies with items (a) through (g) above. If a party relocates an easement burdening such party's land pursuant to the provisions of t...
Relocation of Easements. Upon Developer’s request, City shall use its best efforts, at no cost to City, to assist Developer in:
Relocation of Easements. (a) The Pines Declarant shall have the unilateral right to relocate any of the Easement Areas within the Pines Lands and the Cedars Declarant shall have the unilateral right to relocate any Easement Areas within the Cedars Lands (which relocated easements areas shall be hereinafter referred to as the “Relocated Easement Areas”) as well as amend the Easements relating thereto so that same reflect the Relocated Easement Areas (which amended Easements shall be hereinafter referred to as the “Relocated Easements”) in order to re-align the Easement Areas with the as-built location of any building, structure, facility and/or improvements intended to be used pursuant to the Easement or to rectify any encroachment of a building, structure, facility and/or improvement that was not intended to be part of the Easement Area, provided however that:
Relocation of Easements. Either Party may, upon reasonable written notice received by the other Party, require such other Party to remove any of such other Party's property, real, personal or mixed, from its site on the first Party's Property and, if such other Party so desires, such other Party shall establish (by purchase, relocation, construction or otherwise) functionally equivalent property selected by such other Party on a new site selected by the first Party on the first Party's Property; provided, however, that (i) any and all reasonable costs, whether direct or indirect, incurred by such other Party in connection with such removal and establishment (including any disposal of property associated therewith) shall be borne by the first Party; (ii) such removal and establishment shall result in such other Party possessing property and a site therefor that are not materially less useful to such other Party than were the prior property and site; (iii) such removal and establishment shall not adversely affect the business or operations of such other Party; and (iv) if this Agreement has not already granted such other Party an easement, license, right, or right of way that would permit such other Party to use such functionally equivalent property on such new site, (a) the Parties shall promptly modify or amend this Agreement to grant the other Party such an easement, license, right, or right of way, (b) the interest so granted shall be of the same type as the interest pursuant to which such prior site was available to such other Party, and (c) any and all reasonable costs, whether direct or indirect, of such modification or amendment shall be borne by the first Party. If the removal of any property has the effect of ending the usefulness to such other Party of any portion of the first Party's Property, such other Party shall, upon reasonable written notice received from the first Party, execute a modification or amendment to this Agreement that terminates the status of such portion of the first Party's Property as an area subject to an easement, license, right, or right of way, as the case may be, of such other Party; provided, however, that any and all reasonable costs, whether direct or indirect, of such modification or amendment shall be borne by the first Party.
Relocation of Easements. CROSS COUNTRY and its successors and assigns may record a written declaration or agreement modifying this Declaration for the purpose of evidencing the specific "as-built" location of the various easements granted and established herein, or upon completion of construction on either of the infrastructure improvements and the improvements on the Tracts that comprise the Property, may substitute exhibits or record a plat that more specifically describe the easement areas described herein. Except as otherwise specifically provided herein, this Declaration is nonexclusive and nothing contained herein shall be deemed to restrict CROSS COUNTRY or its successors or assigns from granting utility easements, access easements, parking easements or other similar easements or rights over, under or through the Property, provided said easements do not interfere with the purpose and use of the easement areas established by the Declaration. Notwithstanding anything contained herein to the contrary, CROSS COUNTRY herewith reserves the right to relocate any utility system located on the Property or either tract thereof, provided, however, that neither CROSS COUNTRY nor its successors or assigns shall block, close, relocate, alter or impede the free flow of traffic to, from or across the Access Easement Area without the express consent of Advance, in its sole discretion.
