Right of Entry Agreements. A Right of Entry Agreement is an optional agreement, which can be request by the Developer, in order to allow construction to begin prior to Board of Estimates approval. Any Right of Entry Agreement is strictly at the pleasure of the Department of Transportation. At minimum, the following items MUST be completed prior to the release of a Right of Entry:
Right of Entry Agreements. The agreements under which each Seller provides the ------------------------- Services to the Properties, as set forth on Schedule 3.8B.
Right of Entry Agreements. Stated on Schedule 4.7 is a complete and accurate list and description of all of the Right of Entry Agreements which will be owned by Seller as of the Closing Date and which will constitute part of the Assets as of the Closing Date. A true, correct and complete executed original of each Right of Entry Agreement (including amendments thereto) will be provided to Purchaser on or prior to the Closing Date. All notices of actual or alleged breach of such agreements sent by or received by Seller have been provided to Purchaser. Each of the Right of Entry Agreements is valid and binding, and is in full force and effect. Neither Seller nor the owner of a property served by a Right of Entry Agreement (the "Property Owner") nor any other party under any such agreement, is in default under any Right of Entry Agreement; and no event has occurred which, with the passage of time, the giving of notice, or other subsequent action or inaction, will result in the occurrence of a default under any such agreement. Except as set forth in Schedule 4.7, (a) the Right of Entry Agreements are valid, binding and enforceable in accordance with their terms, (b) the Seller has performed, or is now performing, the obligations of, and is not in default (and would not by lapse of time or the giving of notice, or both, be in default) under, any Right of Entry Agreements, (c) no party has notified the Seller of any claim, dispute or controversy or withheld payments from the Seller with respect to any Right of Entry Agreements, which claim, dispute, controversy or withholding of payment could, if such party were to prevail, have a material adverse effect on the Right of Entry Agreements, (d) no other party to a Right of Entry Agreement is in default or has breached any term or provision of such Right of Entry Agreements that has not previously been cured, (e) Seller has not received notice or warning of alleged non-performance, delay in delivery or other non-compliance with respect to any of the Right of Entry Agreements, and (f) Seller has not received any notice that any other parties to the Right of Entry Agreements may totally or partially terminate any of the Right of Entry Agreements.
Right of Entry Agreements. Simultaneously with the execution of the Sublease, and if TRMC is not the Operating Company, the Operating Company shall enter into a Right of Entry Agreement with respect to Berth 121, substantially in the form attached hereto as Exhibit B, in order to provide TRMC access to Berth 121 to conduct environmental remediation activities.
Right of Entry Agreements. Simultaneously with the execution of the Ground Lease, TRMC and the Operating Company shall enter into a Right of Entry Agreement with respect to each of Terminal 2 and Terminal 3, substantially in the form attached hereto as Exhibit B, in order to provide TRMC access to Terminal 2 and Terminal 3 to conduct environmental remediation activities.
