Reserved Easements. Landlord reserves during the Term of this Agreement and any extensions of the Term for the benefit of itself, the Landlord Parties, Landlord’s agents, contractors, employees, subtenants, assigns and patrons, and the other tenants or subtenants in the land described on Exhibit A attached hereto, and the land depicted on Exhibit B attached hereto (the “Adjacent Shopping Center”), as either may be modified from time to time, and their agents, contractors, employees, subtenants and assigns, (i) a non-exclusive easement over, upon, and across the driveways located on the Premises, as the same may be modified from time to time for automobile and pedestrian ingress/egress, (ii) a non-exclusive easement as may be reasonably required now or in the future for the installation, maintenance and repair of storm and sanitary sewer, water, gas, electric utilities and other utilities of any kind and nature and related facilities located on the Premises, and (iii) an easement for maintenance of the landscaping, sidewalks and any other facilities from time to time located on the Land. The location of any future facility shall be subject to Tenant’s prior written approval which shall not be unreasonably withheld, conditioned or delayed. The exercise by Landlord and the Landlord Parties of their rights pursuant to the foregoing reserved easements shall be conducted in a manner designed to minimize disruption to Tenant’s rights under this Agreement. Any party exercising its rights under the easements reserved hereunder agrees to restore any areas disturbed in the exercise of its rights pursuant to the foregoing easements to the condition in which they existed prior to disturbance.
Appears in 8 contracts
Samples: Ground Lease Agreement, Ground Lease Agreement, Ground Lease Agreement
Reserved Easements. Landlord reserves during does hereby retain and reserve unto itself, and Tenant’s leasehold estate in the Term Premises shall be subject to, the following easements (collectively, the “Reserved Easements”): (a) non-exclusive perpetual easements over, under, across and through the Premises for the purposes of this Agreement constructing, installing, reconstructing, repairing, replacing, maintaining, testing, upgrading and any extensions using (1) above-ground and underground laterals and lines to be connected to those public utilities and appurtenant works and connections which now or in the future may exist in the public thoroughfares or other portions of the Term for the benefit Air Park and (2) fiber optic cabling and other equipment as part of itself, the telecommunications networks and systems to be installed by Landlord Parties, Landlord’s agents, contractors, employees, subtenants, assigns and patrons, and the or other tenants or subtenants in at the land described on Exhibit A attached hereto, and the land depicted on Exhibit B attached hereto Air Park (the “Adjacent Shopping CenterAir Park Fiber Optics Systems”), as either may be modified from time to timeprovided, and their agentshowever, contractors, employees, subtenants and assigns, that (i) such easements shall be used in such a manner as will not result in interference with the use and enjoyment of the Premises by Tenant for the purposes contemplated by this Lease Agreement and (ii) if as a result of the use of said easements for said purposes the Premises shall be damaged, then Landlord shall promptly repair the damage and restore the Premises to its pre-existing condition; (b) a non-exclusive perpetual avigation easement over, uponacross and through the Premises creating in favor of Landlord and its permitees a right of flight, for the passage of aircraft in the airspace over the Premises and across the driveways located on right to cause in said airspace any noise inherent in the Premisesoperation of any aircraft used for navigation or flight through said airspace or landing at, as or taking off from, or operations at, the same may be modified from time to time for automobile Air Park; and pedestrian ingress/egress, (iic) a non-exclusive perpetual easement in favor of Landlord and its permitees over, across and through the Roadway for vehicular and pedestrian access to other parts of the Air Park, provided, however, that (i) such easement shall be used in such a manner as may will not unreasonably interfere with the use and enjoyment of the Premises by Tenant for the purposes contemplated by this Lease Agreement and (ii) if as a result of the use of said easement for said purposes the Premises shall be reasonably required now or damaged, then Landlord shall promptly repair the damage and restore the Premises to its pre-existing condition. As used in this Section 2.03, the term “Roadway” means that portion of the Premises identified and illustrated in Exhibit D attached hereto and fully incorporated herein. A description of the Reserved Easements shall be included in the future for the installationmemorandum of lease to be executed, maintenance and repair of storm and sanitary sewer, water, gas, electric utilities and other utilities of any kind and nature and related facilities located on the Premisesdelivered, and (iii) an easement for maintenance filed of the landscaping, sidewalks and any other facilities from time to time located on the Land. The location of any future facility shall be subject to Tenant’s prior written approval which shall not be unreasonably withheld, conditioned or delayed. The exercise record by Landlord and the Landlord Parties of their rights Tenant pursuant to the foregoing reserved easements shall be conducted in a manner designed to minimize disruption to Tenant’s rights under Section 24.02 of this Lease Agreement. Any party exercising its rights under the easements reserved hereunder agrees to restore any areas disturbed in the exercise of its rights pursuant to the foregoing easements to the condition in which they existed prior to disturbance.
Appears in 1 contract
Samples: Lease Agreement (Air Transport Services Group, Inc.)
Reserved Easements. Landlord specifically reserves during the Term of this Agreement and any extensions of the Term for the benefit of itselfexclusive right to grant or cause to be granted easements, the Landlord Partiesrights-of-way, Landlord’s agents, contractors, employees, subtenants, assigns and patrons, and the other tenants or subtenants in the land described on Exhibit A attached hereto, and the land depicted on Exhibit B attached hereto (the “Adjacent Shopping Center”), as either may be modified from time to time, and their agents, contractors, employees, subtenants and assigns, (i) a non-exclusive easement consents over, uponunder, and across Premises lying within 20 feet of the driveways located on the Premisesproperty line. Such easements, as the same rights- of-way, and consents may be modified for the following purposes: (a) the construction, operation, and maintenance of underground utility lines, pipes, and systems to serving other lands; (b) to permit a utility to provide utility services to such other land; or (c) to permit ingress and egress on such Premises for purposes of servicing and maintaining such utilities. Tenant irrevocably appoints the Landlord as its attorney-in-fact for purposes of granting a similar easement, right-of-way, or consent from time Tenant, or any other occupant of the Premises to time for automobile and pedestrian ingress/egressany such utility. Any such easements, (ii) a nonrights-exclusive easement as of-way, or consents granted by the Landlord may be reasonably required granted across, through, under, and over any permitted improvements within such setback areas, now existing or in hereafter established. Any such easements, rights-of-way, or consents granted by the future for Landlord shall provide that such utility shall repair, at its sole expense, any damage to any improvements, including without limitation any driveways, parking areas, fences, and walkways occurring as a result of the installation, maintenance and relocation, maintenance, or repair of storm such utilities. If any utility granted an easement, right-of-way, or consent by the Landlord should require, in addition, a similar easement, right-of-way, or consent from the Tenant, then Tenant, or any other occupant, by virtue of acquiring such right, title, or interest in such Premises, jointly and sanitary sewerseverally, watercovenants and agrees to execute and deliver such easement, gasright-of-way, electric utilities and other utilities or consent upon the request of any kind and nature and related facilities located on the Landlord. Landlord further reserves an easement to utilize portions of the Premises for the purpose of drainage of surface water provided such does not materially adversely interfere with Tenant’s use of the Premises, and (iii) an easement for maintenance of . Landlord reserves the landscaping, sidewalks and any other facilities from time to time located on the Land. The location of any future facility shall be subject to Tenant’s prior written approval which shall not be unreasonably withheld, conditioned or delayed. The exercise by Landlord and the Landlord Parties of their rights pursuant to the foregoing reserved easements shall be conducted in a manner designed to minimize disruption to Tenant’s rights under this Agreement. Any party exercising its rights under the easements reserved hereunder agrees to restore any areas disturbed in the exercise of its rights pursuant to the foregoing easements to the condition in which they existed prior to disturbancefollowing additional easements: [Insert if any].
Appears in 1 contract
Samples: www.akroncantonairport.com