Relocation of Easements Sample Clauses

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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.
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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.
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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 the pipeline within the original Pipeline Easement, then Jordan Valley shall bear the costs of construction and use of the pipeline in the relocated Pipeline Easement. If the relocation occurs after the pipeline has been installed in the Pipeline Easement, then Kennecott shall relocate the existing pipeline 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 the pipeline in the relocated Pipeline Easement.
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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: (i) any relocation of an Easement Area and/or amendment of an Easement does not diminish the benefit of the Easement to such an extent that it would no longer be adequate for the purposes intended; (ii) the Pines Declarant or the Cedars Declarant, as applicable, (the “Relocating Party”) shall prepare a reference plan delineating the Relocated Easement Areas; and (iii) the Relocating Party shall be responsible for procuring any and all consents from the Governmental Authorities required in connection with the relocation of the Easements, on the understanding that all necessary parties hereto shall co- operate with the Relocating Party in satisfying any conditions imposed with respect thereto. (b) The Resort Owner shall have the unilateral right to relocate or narrow the Access Road Easement (which relocated or narrowed easement area shall be hereinafter referred to as the “Relocated Access Road Easement”) in order to re-align and/or narrow the Access Road Easement, provided however that: i. any relocation or narrowing of the Access Road Easement does not diminish the benefit of such Easement to such an extent that it would no longer be adequate for the purposes intended; ii. the Resort Owner shall prepare a reference plan delineating the Relocated Access Road Easement; and iii. the Resort Owner shall be responsible for procuring any and all consents from the Governmental Authorities required in connection with the relocation of the Access Road Easement, on the understanding that all necessary parties hereto shall co-operate with the Resort Owner in satisfying any conditions imposed with respect thereto. (c) If parking areas a...
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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.
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Relocation of Easements. Authority reserves the right at any time and from time to time to relocate all or a portion of the easement granted by Authority, provided that Authority has obtained the prior written consent of City, which consent shall not be unreasonably withheld, delayed or conditioned, so long as (i) the easement so relocated will be of substantially equivalent usefulness to City for the purposes stated in this Agreement, (ii) all costs incurred to effect such relocation shall be paid by Authority, and (iii) Authority shall provide to City prior written notice of the commencement of any such relocation.
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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.
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Relocation of Easements. Upon Developer’s request, City shall use its best efforts, at no cost to City, to assist Developer in: a. Locating or acquiring any new public easements or rights-of-way required for the Project so as to minimize interference with development of the Project, including, at the City Council’s sole discretion, through the use of eminent domain, and b. Developer’s efforts to relocate or remove easements to facilitate development of the Project.
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Related to Relocation of Easements

  • 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]

  • 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.

  • Grant of Easement Subject to clauses 2 to 4 inclusive of this Part, the Water Authority will grant to the Joint Venturers an easement over the Water Authority Land in accordance with clause 5 of this Part.

  • 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.

  • TENANCIES AND RESTRICTIVE COVENANTS The Property is believed to be and shall be taken to be correctly described and is sold subject to all express conditions, restrictions-in-interest, caveats, leases, tenancies, easements, liabilities, encumbrances and rights, if any, subsisting thereon or thereover without the obligation to define the same respectively and the Purchaser is deemed to have full knowledge thereof.