Common use of Shared Access Facilities Clause in Contracts

Shared Access Facilities. (a) Lessor hereby grants to Lessee and its Affiliates, agents, employees and contractors (collectively, “Lessee’s Parties”), free of charge, the non-exclusive right to access and use such portions of the Lake Xxxxxxx Complex as may be reasonably necessary for access to the Leased Premises and/or use and operation of the Lessee Assets and any Additional Improvements. Any such access, use and operation by Lessee’s Parties shall not unreasonably interfere with Lessor’s operations of the Lake Xxxxxxx Complex and shall comply with Lessor’s rules, regulations and procedures governing safety and security for the Lake Xxxxxxx Complex. The portions of the Lake Xxxxxxx Complex that are subject to the access and use rights provided under this Section 2.2 are referred to herein as the “Shared Access Facilities”. Lessee’s Parties’ non-exclusive rights to use and access the Shared Access Facilities shall automatically expire and terminate concurrently with the expiration of the Term or earlier termination of this Lease. Notwithstanding anything in this Lease to the contrary, but subject to Lessor’s covenant and warranty set forth in Section 11.17, any access or use by Lessee’s Parties of any portion of the Lake Xxxxxxx Complex (including, if applicable, any Shared Access Facilities) that is not owned by Lessor shall be conditioned upon such access or use being permitted by, and shall be subject to the terms and conditions of, the lease or other agreement pursuant to which Lessor’s rights with respect to such portion of the Lake Xxxxxxx Complex derives. (b) Notwithstanding anything in this Lease to the contrary, Lessor hereby retains for itself and its Affiliates, agents, employees and contractors (collectively, “Lessor’s Parties”), the right to access, use and operate the Lake Xxxxxxx Complex and all portions thereof, including without limitation the Shared Access Facilities. Lessor further hereby retains for itself and any of the other Lessor’s Parties, the right of access to the Leased Premises, the Lessee Assets and any Additional Improvements (i) to determine whether the conditions and covenants contained in this Lease are being kept and performed, (ii) to comply with Environmental Laws, (iii) to inspect, maintain, repair, improve and operate any assets of Lessor located on the Leased Premises (including, if applicable, any Shared Access Facilities), (iv) to install or construct any structures or equipment necessary for the maintenance, operation or improvement of the Lake Xxxxxxx Complex or any portion thereof, and (v) to address any emergency situation affecting the Lake Xxxxxxx Complex in each instance so long as such access by Lessor’s Parties does not unreasonably interfere with Lessee’s operations of the Lessee Assets or any Additional Improvements and complies with Lessee’s rules, regulations and procedures governing safety and security for the Lessee Assets. (c) During the Term, Lessee shall reimburse Lessor for Lessee’s reasonable share (allocated on an equitable basis mutually acceptable to Lessor and Lessee) of the costs and expenses incurred by Lessor in maintaining and operating the Shared Access Facilities. Such reimbursement payments, plus an administrative fee equal to five percent (5%) of the amount being reimbursed, shall be made by Lessee within 30 days after Lessor’s written demand therefor. (d) The Parties acknowledge that the composition of the Lake Xxxxxxx Complex may change from time to time as Lessor acquires or disposes of properties or other assets. As used in this Lease, the term “Lake Xxxxxxx Complex” means the land, including the Leased Premises, and the equipment, facilities, properties and other assets comprising Lessor’s petrochemical production facilities located in Lake Charles, Louisiana, as the same may be constituted from time to time. Any land, equipment, facility, property or other asset that is acquired by Lessor for use as a part of, or exclusively in connection with, the Lake Xxxxxxx Complex after the Effective Date shall, automatically upon such acquisition, be added to and become a part of the Lake Xxxxxxx Complex; subject to Lessor’s covenant and warranty set forth in Section 11.17, any land, equipment, facility, property or other asset that previously constituted a portion of the Lake Xxxxxxx Complex shall, automatically upon disposition thereof by Lessor, be removed from, and shall no longer constitute a portion of, the Lake Xxxxxxx Complex.

Shared Access Facilities. (a) Lessor hereby grants to Lessee and its Affiliates, agents, employees and contractors (collectively, “Lessee’s Parties”), free of charge, the non-exclusive right to access and use such portions of the Lake Xxxxxxx City Complex as may be reasonably necessary for access to the Leased Premises and/or use and operation of the Lessee Assets and any Additional Improvements. Any such access, use and operation by Lessee’s Parties shall not unreasonably interfere with Lessor’s operations of the Lake Xxxxxxx City Complex and shall comply with Lessor’s rules, regulations and procedures governing safety and security for the Lake Xxxxxxx City Complex. The portions of the Lake Xxxxxxx City Complex that are subject to the access and use rights provided under this Section 2.2 are referred to herein as the “Shared Access Facilities”. Lessee’s Parties’ non-exclusive rights to use and access the Shared Access Facilities shall automatically expire and terminate concurrently with the expiration of the Term or earlier termination of this Lease. Notwithstanding anything in this Lease to the contrary, but subject to Lessor’s covenant and warranty set forth in Section 11.17, any access or use by Lessee’s Parties of any portion of the Lake Xxxxxxx City Complex (including, if applicable, any Shared Access Facilities) that is not owned by Lessor shall be conditioned upon such access or use being permitted by, and shall be subject to the terms and conditions of, the lease or other agreement pursuant to which Lessor’s rights with respect to such portion of the Lake Xxxxxxx City Complex derives. (b) Notwithstanding anything in this Lease to the contrary, Lessor hereby retains for itself and its Affiliates, agents, employees and contractors (collectively, “Lessor’s Parties”), the right to access, use and operate the Lake Xxxxxxx City Complex and all portions thereof, including without limitation the Shared Access Facilities. Lessor further hereby retains for itself and any of the other Lessor’s Parties, the right of access to the Leased Premises, the Lessee Assets and any Additional Improvements (i) to determine whether the conditions and covenants contained in this Lease are being kept and performed, (ii) to comply with Environmental Laws, (iii) to inspect, maintain, repair, improve and operate any assets of Lessor located on the Leased Premises (including, if applicable, any Shared Access Facilities), (iv) to install or construct any structures or equipment necessary for the maintenance, operation or improvement of the Lake Xxxxxxx City Complex or any portion thereof, and (v) to address any emergency situation affecting the Lake Xxxxxxx City Complex in each instance so long as such access by Lessor’s Parties does not unreasonably interfere with Lessee’s operations of the Lessee Assets or any Additional Improvements and complies with Lessee’s rules, regulations and procedures governing safety and security for the Lessee Assets. (c) During the Term, Lessee shall reimburse Lessor for Lessee’s reasonable share (allocated on an equitable basis mutually acceptable to Lessor and Lessee) of the costs and expenses incurred by Lessor in maintaining and operating the Shared Access Facilities. Such reimbursement payments, plus an administrative fee equal to five percent (5%) of the amount being reimbursed, shall be made by Lessee within 30 days after Lessor’s written demand therefor. (d) The Parties acknowledge that the composition of the Lake Xxxxxxx City Complex may change from time to time as Lessor acquires or disposes of properties or other assets. As used in this Lease, the term “Lake Xxxxxxx City Complex” means the land, including the Leased Premises, and the equipment, facilities, properties and other assets comprising Lessor’s petrochemical production facilities located in Lake CharlesXxxxxxx City, LouisianaKentucky, as the same may be constituted from time to time. Any land, equipment, facility, property or other asset that is acquired by Lessor for use as a part of, or exclusively in connection with, the Lake Xxxxxxx City Complex after the Effective Date shall, automatically upon such acquisition, be added to and become a part of the Lake Xxxxxxx City Complex; subject to Lessor’s covenant and warranty set forth in Section 11.17, any land, equipment, facility, property or other asset that previously constituted a portion of the Lake Xxxxxxx City Complex shall, automatically upon disposition thereof by Lessor, be removed from, and shall no longer constitute a portion of, the Lake Xxxxxxx City Complex.

Shared Access Facilities. (a) Lessor hereby grants to Lessee and its Affiliates, agents, employees and contractors (collectively, “Lessee’s Parties”), free of charge, the non-exclusive right to access and use such portions of the Lake Xxxxxxx City Complex as may be reasonably necessary for access to the Leased Premises and/or use and operation of the Lessee Assets and any Additional Improvements. Any such access, use and operation by Lessee’s Parties shall not unreasonably interfere with Lessor’s operations of the Lake Xxxxxxx City Complex and shall comply with Lessor’s rules, regulations and procedures governing safety and security for the Lake Xxxxxxx City Complex. The portions of the Lake Xxxxxxx City Complex that are subject to the access and use rights provided under this Section 2.2 are referred to herein as the “Shared Access Facilities”. Lessee’s Parties’ non-exclusive rights to use and access the Shared Access Facilities shall automatically expire and terminate concurrently with the expiration of the Term or earlier termination of this Lease. Notwithstanding anything in this Lease to the contrary, but subject to Lessor’s covenant and warranty set forth in Section 11.17, any access or use by Lessee’s Parties of any portion of the Lake Xxxxxxx City Complex (including, if applicable, any Shared Access Facilities) that is not owned by Lessor shall be conditioned upon such access or use being permitted by, and shall be subject to the terms and conditions of, the lease or other agreement pursuant to which Lessor’s rights with respect to such portion of the Lake Xxxxxxx City Complex derives. (b) Notwithstanding anything in this Lease to the contrary, Lessor hereby retains for itself and its Affiliates, agents, employees and contractors (collectively, “Lessor’s Parties”), the right to access, use and operate the Lake Xxxxxxx City Complex and all portions thereof, including without limitation the Shared Access Facilities. Lessor further hereby retains for itself and any of the other Lessor’s Parties, the right of access to the Leased Premises, the Lessee Assets and any Additional Improvements (i) to determine whether the conditions and covenants contained in this Lease are being kept and performed, (ii) to comply with Environmental Laws, (iii) to inspect, maintain, repair, improve and operate any assets of Lessor located on the Leased Premises (including, if applicable, any Shared Access Facilities), (iv) to install or construct any structures or equipment necessary for the maintenance, operation or improvement of the Lake Xxxxxxx City Complex or any portion thereof, and (v) to address any emergency situation affecting the Lake Xxxxxxx City Complex in each instance so long as such access by Lessor’s Parties does not unreasonably interfere with Lessee’s operations of the Lessee Assets or any Additional Improvements and complies with Lessee’s rules, regulations and procedures governing safety and security for the Lessee Assets. (c) During the Term, Lessee shall reimburse Lessor for Lessee’s reasonable share (allocated on an equitable basis mutually acceptable to Lessor and Lessee) of the costs and expenses incurred by Lessor in maintaining and operating the Shared Access Facilities. Such reimbursement payments, plus an administrative fee equal to five percent (5%) of the amount being reimbursed, shall be made by Lessee within 30 days after Lessor’s written demand therefor. (d) The Parties acknowledge that the composition of the Lake Xxxxxxx City Complex may change from time to time as Lessor acquires or disposes of properties or other assets. As used in this Lease, the term “Lake Xxxxxxx City Complex” means the land, including the Leased Premises, and the equipment, facilities, properties and other assets comprising Lessor’s petrochemical production facilities located in Lake CharlesXxxxxxx City, LouisianaKentucky, as the same may be constituted from time to time. Any land, equipment, facility, property or other asset that is acquired by Lessor for use as a part of, or exclusively in connection with, the Lake Xxxxxxx City Complex after the Effective Date shall, automatically upon such acquisition, be added to and become a part of the Lake Xxxxxxx City Complex; subject to Lessor’s covenant and warranty set forth in Section 11.17, any land, equipment, facility, property or other asset that previously constituted a portion of the Lake Xxxxxxx City Complex shall, automatically upon disposition thereof by Lessor, be removed from, and shall no longer constitute a portion of, the Lake Xxxxxxx City Complex.

Shared Access Facilities. (a) Lessor hereby grants to Lessee and its Affiliates, agents, employees and contractors (collectively, “Lessee’s Parties”), free of charge, the non-exclusive right to access and use such portions of the Lake Xxxxxxx Complex as may be reasonably necessary for access to the Leased Premises and/or use and operation of the Lessee Assets and any Additional Improvements. Any such access, use and operation by Lessee’s Parties shall not unreasonably interfere with Lessor’s operations of the Lake Xxxxxxx Complex and shall comply with Lessor’s rules, regulations and procedures governing safety and security for the Lake Xxxxxxx Complex. The portions of the Lake Xxxxxxx Complex that are subject to the access and use rights provided under this Section 2.2 are referred to herein as the “Shared Access Facilities”. Lessee’s Parties’ non-exclusive rights to use and access the Shared Access Facilities shall automatically expire and terminate concurrently with the expiration of the Term or earlier termination of this Lease. Notwithstanding anything in this Lease to the contrary, but subject to Lessor’s covenant and warranty set forth in Section 11.17, any access or use by Lessee’s Parties of any portion of the Lake Xxxxxxx Complex (including, if applicable, any Shared Access Facilities) that is not owned by Lessor shall be conditioned upon such access or use being permitted by, and shall be subject to the terms and conditions of, the lease or other agreement pursuant to which Lessor’s rights with respect to such portion of the Lake Xxxxxxx Complex derives. (b) Notwithstanding anything in this Lease to the contrary, Lessor hereby retains for itself and its Affiliates, agents, employees and contractors (collectively, “Lessor’s Parties”), the right to access, use and operate the Lake Xxxxxxx Complex and all portions thereof, including without limitation the Shared Access Facilities. Lessor further hereby retains for itself and any of the other Lessor’s Parties, the right of access to the Leased Premises, the Lessee Assets and any Additional Improvements (i) to determine whether the conditions and covenants contained in this Lease are being kept and performed, (ii) to comply with Environmental Laws, (iii) to inspect, maintain, repair, improve and operate any assets of Lessor located on the Leased Premises (including, if applicable, any Shared Access Facilities), (iv) to install or construct any structures or equipment necessary for the maintenance, operation or improvement of the Lake Xxxxxxx Complex or any portion thereof, and (v) to address any emergency situation affecting the Lake Xxxxxxx Complex in each instance so long as such access by Lessor’s Parties does not unreasonably interfere with Lessee’s operations of the Lessee Assets or any Additional Improvements and complies with Lessee’s rules, regulations and procedures governing safety and security for the Lessee Assets. (c) During the Term, Lessee shall reimburse Lessor for Lessee’s reasonable share (allocated on an equitable basis mutually acceptable to Lessor and Lessee) of the costs and expenses incurred by Lessor in maintaining and operating the Shared Access Facilities. Such reimbursement payments, plus an administrative fee equal to five percent (5%) of the amount being reimbursed, shall be made by Lessee within 30 days after Lessor’s written demand therefor. (d) The Parties acknowledge that the composition of the Lake Xxxxxxx Complex may change from time to time as Lessor acquires or disposes of properties or other assets. As used in this Lease, the term “Lake Xxxxxxx Complex” means the land, including the Leased Premises, and the equipment, facilities, properties and other assets comprising Lessor’s petrochemical production facilities located in Lake Charles, Louisiana, as the same may be constituted from time to time. Any land, equipment, facility, property or other asset that is acquired by Lessor for use as a part of, or exclusively in connection with, the Lake Xxxxxxx Complex after the Effective Date shall, automatically upon such acquisition, be added to and become a part of the Lake Xxxxxxx Complex; subject to Lessor’s covenant and warranty set forth in Section 11.17, any land, equipment, facility, property or other asset that previously constituted a portion of the Lake Xxxxxxx Complex shall, automatically upon disposition thereof by Lessor, be removed from, and shall no longer constitute a portion of, the Lake Xxxxxxx Complex.