Statutory Right of Way. Pursuant to Section 218 of the Land Title Act, the Grantor hereby grants to the Grantee, for and until the expiry of the term of the Lease, a full and free uninterrupted statutory right of way over the Grantor’s leasehold interest in the Lands (the “Statutory Right of Way Area”), for the Grantee and the Grantee’s Representatives to enter onto the Statutory Right of Way Area at any time and from time to time to:
(a) construct and install (including without limitation, excavate for such purposes), inspect, maintain, operate, repair, replace and remove the Infrastructure or any portion thereof within or on the Statutory Right of Way Area, including within the Building located on the Statutory Right of Way Area;
(b) make and remove the Infrastructure service connections and connect and disconnect the Infrastructure service lines;
(c) clear the Statutory Right of Way Area of any obstructions, including without limitation and to the extent applicable, trees or other vegetation, buildings, structures, foundations, pavements, improvements or obstructions which interfere with any of the rights granted to the Grantee herein;
(d) install marking post(s) to xxxx the location of the Infrastructure or any portion thereof;
(e) generally to do all acts necessary or incidental to the foregoing or to the business of providing Energy Services to the Building on the Lands and operating, maintaining and repairing the Infrastructure within or on the Statutory Right of Way Area; and
(f) exercise any of the Grantee’s other rights set out in this Agreement. The Grantee agrees to act reasonably when exercising such rights and to use all reasonable efforts to minimize any disruption to the Grantor in connection with the exercise by the Grantee and the Grantee’s Representatives of such rights.
Statutory Right of Way. 4.1 Pursuant to Section 218 of the Land Title Act, the Owner hereby grants to the City, effective at all times from and after the date upon which the City issues the Development Permit, a statutory right of way to enter, be and move about on the Lands:
(a) to install, maintain, repair and replace on the exterior of the Heritage Building or at the perimeter of the Lands, at the City’s expense, and in consultation with the Owner as to location, a commemorative plaque; and
(b) in the event the Owner, in the City’s opinion, is in default of any of its obligations under this agreement to rehabilitate and conserve the Heritage Building, to carry out any such obligations of the Owner hereunder as the City may choose.
4.2 The statutory right of way granted in the preceding paragraph is necessary for the operation and maintenance of the City’s undertaking.
4.3 Notwithstanding any other provision of this agreement, nothing herein obligates the City to exercise any of the rights granted to it by way of the statutory right of way contained herein.
Statutory Right of Way. The Grantor hereby grants, conveys and confirms to the District in perpetuity the full, free and uninterrupted right, liberty, easement and statutory right of way (the “Statutory Right of Way”) on, over and across the areas of the Land marked “Public Area” on the plan attached to this Agreement as Schedule A (the “Right of Way Area”) at all times hereafter for the following purposes:
(a) to permit all members of the public, at their will and pleasure, 24 hours a day, 7 days a week, to pass, be or remain on, along and across the surface of the Right of Way Area, or any portion thereof, to provide public pedestrian access to and from the streets, sidewalks and other public areas adjacent to the Land;
(b) to permit the District and the District’s elected and appointed officials, officers, employees, and contractors (“District Personnel”), to enter on the Right of Way Area with works, vehicles, equipment, tools and materials for the purpose of inspecting the Right of Way Area, and removing such structures, improvements, fixtures, and other obstructions as may be required to ensure safe and effective use and enjoyment of the Right of Way Area; and
(c) to do all other things on the Right of Way Area as may be necessary, desirable or incidental to its ongoing use, operation, and enjoyment.
Statutory Right of Way. 7.1 The Legal Owner grants to the Covenant Holder a license and a statutory right of way, pursuant to Section 218 of the Land Title Act permitting the Covenant Holder:
7.1.1 to enter upon and iinspect the Land:
7.1.1 a) at all reasonable times upon prior written notice by a Covenant Holder to the Legal Owner of at least 24 hours unless, in the opinion of a Covenant Holder, there is an emergency or other circumstance which prevents the giving of reasonable notice; and
7.1.1 b) in order to take soil, water or other samples, photographs, video, or sound recordings as may be necessary to monitor the terms of this Agreement; and
7.1.2 to recommend actions which protect, preserve and xxxxxxx the Land or the Amenities:
7.1.2 a) if an act of nature or any person destroys, diminishes or negatively affects or alters the Land or the Amenities from the condition described in the Baseline Report and/or as the Land has evolved as documented in successive Stewardship Plans; and
7.1.2 b) at the Legal Owner’s expense, if an action of the Legal Owner, or any other person acting with the actual or constructive knowledge of the Legal Owner, contravenes any term of this Agreement;
7.1.3 to assess progress of any plan agreed upon between the Parties for the protection, preservation and stewardship of all or any portion of the Land or the Amenities.
7.2 If any Party intends to act as permitted in Section 7.1.2 that Party shall give at least 30 days’ prior written notice to the other Party. Such notice shall describe in reasonable detail the intended action, the purpose for it, and its likely effect on the Land or the Amenities. The Legal Owner shall request the Covenant Holder to enter upon and inspect the Land if any action is proposed under Section 7.1.2. The Party to whom notice is given may comment on the proposed action, and the Party intending to take action under Section 7.1.2 shall take those comments under consideration before doing anything under that Section.
Statutory Right of Way. 2.1 Pursuant to section 218 of the Land Title Act, the Owner hereby grants, conveys, confirms and transfers, in perpetuity, to the City, its officers, employees, contractors, licensees and invitees, including the Permitted Users, the full, free and uninterrupted right, licence, liberty, privilege, permission and right of way to enter, use, go, return, pass over and across the SRW Area, for the purposes described in section 2.2.
2.2 At any time, the City and its officers, employees, and contractors, and in respect of (a) and
Statutory Right of Way. The Grantor hereby grants, conveys and confirms to the District in perpetuity the full, free and uninterrupted right, liberty, easement and statutory right of way (the “Statutory Right of Way”) on, over and across the areas of the Land shown outlined in heavy black and marked “Restroom” on the plan attached to this Agreement as Schedule A (the “Right of Way Area”) at all times hereafter for the following purposes:
(a) to permit all members of the public, at their will and pleasure, 24 hours a day, 7 days a week, to use the Right of Way Area and the Works (as defined below) as a restroom but not for any other purpose;
(b) to permit the District and the District’s elected and appointed officials, officers, employees, and contractors (“District Personnel”), to enter and inspect the Right of Way Area and the Works and take steps necessary to ensure their safe use and enjoyment; and
(c) to do all other things on the Right of Way Area as may be necessary, desirable or incidental to its ongoing use, operation, and enjoyment.
Statutory Right of Way. The Legal Owner grants to each Covenant Holder a license and a statutory right of way, pursuant to Section 218 of the Land Title Act, formally (remove? )permitting each Covenant Holder:
