Right-of-Way Agreements. Once a route plan has been determined from the survey information, the company will send a licensed land agent to begin negotiations for an easement or right-of-way. In the right-of-way agreement, the landowner is considered the “grantor” and, as such, remains the owner and retains all rights that were not yielded to the “grantee” (company). The easement or right-of-way agreement will be registered as a caveat against the landowner’s Certificate of Title. The company may use the standard right-of-way agreement from the Canadian Association of Petroleum Landmen (CAPL) in Appendix D, but they are not required to do so. They may use their own document or modify the CAPL agreement to suit their interests. Similarly, landowners also have the right to propose revisions to the agreement to suit their needs and interests. The FAO strongly urges landowners to capture all commitments in writing in the right-of-way agreement, as it can be difficult to hold a company accountable to verbal commitments. Capturing commitments in a construction report is not sufficient; any commitments need to be reflected in the right-of-way agreement. Landowners are encouraged to thoroughly review a proposed right-of-way agreement to ensure each clause is understood. Most agreements will be designed by the company with their needs in mind. A landowner may wish to secure legal counsel to review the document to ensure their needs are being met. The landowner can request that the cost for legal review be covered by the company. The landowner must be given a minimum of 48 hours undisturbed to review a proposed agreement, though they can choose to waive this right in writing as described in the Land Agents Licensing Act. A landowner who negotiates an agreement after November 2013 can submit a copy of their easement or right-of-way to the AER’s Private Surface Agreements Registry (PSAR). This option is not available to orders granted by the Surface Rights Board (SRB) or commitments made to adjacent landowners or in a construction report. When an agreement is registered in the PSAR, the landowner can make a request to the AER under section 64 of the Responsible Energy Development Act if they feel a condition is not being adhered to. In this process, the AER can make a determination on whether or not the company has complied with the terms and conditions of the agreement. If it is determined that a term or condition is not being followed, the AER can issue an Order to Comply in response to the ...
Right-of-Way Agreements. The Company has all right-of-way agreements, license agreements or other agreements or consents permitting or requiring the Company or any of its Subsidiaries to lay, build, operate, maintain or place cable, wires, conduits or other equipment and facilities over land or underground, that are material to the conduct of the business, as presently conducted, of the Company and its Subsidiaries taken as a whole, (each, a “Right-of-Way Agreement”), and each such Right-of-Way Agreement is valid, legally binding, enforceable and in full force and effect, and none of the Company or any of its Subsidiaries is in breach of or default under any Right-of-Way Agreement, no event has occurred which, with notice or lapse of time, would constitute a breach or default by any of the Company or its Subsidiaries or permit termination, modification or acceleration by any third party under any Right-of-Way Agreement, and no third party has repudiated or has the right to terminate or repudiate any Right-of-Way Agreement.
Right-of-Way Agreements. (i) Except in any such case as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, (A) each right-of-way agreement, license agreement or other agreement permitting or requiring the Company or any of its Subsidiaries to lay, build, operate, maintain or place cable, wires, conduits or other equipment and facilities over land or underground (each, a “Right-of-Way Agreement“) is valid, legally binding, enforceable and in full force and effect, and none of the Company or any of its Subsidiaries is in breach of or default under any Right-of-Way Agreement, (B) no event has occurred which, with notice or lapse of time, would constitute a breach or default by any of the Company or its Subsidiaries or permit termination, modification or acceleration by any third party thereunder and (C) no third party has repudiated or has the right to terminate or repudiate any Right-of-Way Agreement.
(ii) To the knowledge of the officers of the Company, the Company is not in violation of any Laws which, individually or in combination with any others, would materially and adversely affect the ability of the Company or any of its Subsidiaries to use any of the rights associated with the Right-of-Way Agreements, taken as a whole, in the manner and scope in which such rights are now being used.
Right-of-Way Agreements. (a) Schedule 2.1(c) sets forth a list of all the Right-of-way Agreements. The Company has delivered to Purchaser true and correct copies of the Right-of-way Agreements, and any amendments thereto. Except as disclosed on Schedule 2.1(c), each such Right-of-way Agreement is (i) in effect and has not been amended or otherwise modified, and (ii) is binding upon and enforceable against the Company and, to the Company's Knowledge, all parties thereto in accordance with its terms and there is no default thereunder and, to the Knowledge of the Company, no other party thereto has issued or threatened to issue a notice of termination or cancellation.
(b) Except as set forth on Schedule 2.1(c), no consent is required for the transfer or assignment of SIC's rights and obligations under the Right-of-way Agreements to
Right-of-Way Agreements. 23.1 The MCFC may not enter into any right of way agreements to use adjacent private lands to access the Pilot Project Land without prior approval of NSDNR. Any such right of way agreement approved by NSDNR shall have NSDNR as a party.
Right-of-Way Agreements. To the extent possible, the County will assist WIN in securing any easements or right-of-way agreements necessary for the Project in an efficient and timely manner, and at a commercially reasonable cost.
Right-of-Way Agreements. Schedule 4.1(l) sets forth a complete list of all right of way agreements owned by Vendor or STMV in respect of STMV, the TUP and the MLUP (the "Right of Way Agreements"). To the best of Vendor's knowledge, the Vendor or STMV owns good and marketable title to the Right of Way Agreements free and clear of all Encumbrances except for the Permitted Encumbrances. To the best of Vendor's knowledge there are no amendments, transfers or assignments of the Right of Way Agreements and each is in full force and effect other than assignments if any to STMV.
Right-of-Way Agreements. Schedule 5.22 sets forth a list of all right-of-way agreements. The Company has made available to Buyer true and correct copies of the right-of-way agreements, and any amendments thereto. Except as disclosed on Schedule 5.22, each such right-of-way agreement is (i) in effect and has not been amended or otherwise modified, and (ii) is binding upon and enforceable against the Company and, to the Company’s Knowledge, all parties thereto in accordance with its terms and there is no material default thereunder and, to the Knowledge of the Company, no other party thereto has issued or threatened to issue a notice of termination or cancellation. No consent is required for the rights and obligations under the right-of-way agreements as a result of the sale of the Units to the Buyer. Except as expressly set forth in Schedule 5.22, the Seller has not received written notice from any third party and does not have Knowledge of any material deficiency in any rights-of-way or other easements with respect to the entire route of all pipelines owned and used or held for use with respect to the Business. The Company has not sold or assigned any such rights-of-way and/or easements, in whole or in part, or any undivided interest therein, to any party whatsoever.
Right-of-Way Agreements. Each material license, permit, franchise, Contract or other agreement or Law permitting or requiring Company or any of its Subsidiaries to lay, build, operate, maintain or place cable, wires, conduits or other equipment and facilities over land or underground (each, a “Right-of-Way Agreement”) is valid, legally binding, enforceable and in full force and effect, and none of Company or any of its Subsidiaries is in breach of or default under any Right-of-Way Agreement. No event has occurred which, with notice or lapse of time, would constitute a breach or default by any of Company or its Subsidiaries or permit termination, modification or acceleration by any third party thereunder, and no third party has repudiated or has the right to terminate or repudiate any Right-of-Way Agreement.
Right-of-Way Agreements. (a) Schedule 2.1(i) sets forth a list of all the Right-of-way Agreements. The Company has delivered to Purchaser true and correct copies of the Right-of-way Agreements, and any amendments thereto. Except as disclosed on Schedule 2.1(i), each such Right-of-way Agreement is (i) in effect and has not been amended or otherwise modified, and (ii) is binding upon and enforceable against the Company and, to the Company's Knowledge, all parties thereto in accordance with its terms, and there is no default thereunder and, to the Knowledge of the
