TOGETHER WITH all general intangibles relating to design, development, operation, management and use of the Premises and construction of the Improvements, including, but not limited to, (a) all permits, licenses, authorizations, variances, land use entitlements, approvals and consents issued or obtained in connection with the construction of the Improvements, (b) all permits, licenses, approvals, consents, authorizations, franchises and agreements issued or obtained in connection with the use, occupancy or operation of the Premises or the Improvements, (c) all rights as a declarant (or its equivalent) under any covenants, conditions and restrictions or other matters of record affecting the Premises or the Improvements, (d) all materials prepared for filing or filed with any governmental agency, (e) all rights under any contract in connection with the development, design, use, operation, management and construction of the Premises or the Improvements and (f) all books and records prepared and kept in connection with the acquisition, construction, operation and occupancy of the Premises, the Improvements and any other component of the Trust Estate (as hereinafter defined);
TOGETHER WITH. All buildings and improvements, now or hereafter located thereon, all privileges and other rights now or hereafter made appurtenant thereto including, without limitation, all right, title and interest of Grantor in and to all streets, roads and public places, opened or proposed, and all easements, rights-of-way, public or private, now or hereafter used in connection with the Property, including all rights of ingress and egress to and from adjoining property, all strips or gores of land, alleys, passages, and all estates, rights, titles, interests, privileges, tenements, hereditaments, and appurtenances, and all oil, gas, minerals, water, surface and subsurface rights whatsoever in any way belonging, relating or appertaining to the Property or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law and in equity, of Grantor of, in and to the same; and all proceeds of any sales or other dispositions of the Property, and also all the estate, right, title and interest of Grantor, either at law or in equity, of, in and to the Property and every part thereof; and
TOGETHER WITH subject to the provisions of this Mortgage, all right, title and interest of Mortgagor in and to all awards or payments, including interest thereon, and the right to receive the same, which may be made with respect to the Mortgaged Property or any part thereof, from the exercise of the right of eminent domain, either temporary or permanent (including any transfer made in lieu of the exercise of said right) or for any changes to the grades of streets or as a result of any other damage to the Mortgaged Property or any part thereof;
TOGETHER WITH all of Mortgagor's right, title and interest in and to all plans and specifications prepared for construction or operation of the Facilities or other development of the Collateral (including all amendments, modifications, supplements, general conditions and addenda thereof or thereto) and all studies, data and drawings (including without limitation architectural, engineering, mechanical and electrical drawings) related thereto, and all contracts and agreements of Mortgagor relating to the aforesaid plans and specifications or to the aforesaid studies, data and drawings or to the construction or operation of the Facilities;
TOGETHER WITH to the extent permitted by Legal Requirements (as hereinafter defined), all of Mortgagor's right, title and interest in and to all present and future Permits (as hereinafter defined); PROVIDED, that any of the Permits which by their terms or by operation of Law would become void, voidable, terminable or revocable or would constitute a breach or default thereunder if pledged or assigned hereunder or if a security interest therein were granted hereunder are expressly excepted and excluded from the lien and term of this Mortgage to the extent necessary to avoid such voidness, voidability, terminability or revocability;
TOGETHER WITH. All the right, title and interest of Borrower in and to all the rights, covenants, privileges and appurtenances thereunto belonging or in any wise appertaining, and together with all buildings and improvements presently thereon and hereafter constructed thereon; and
TOGETHER WITH. (i) the right to use, in common with the Landlord and all others having the like right, the Common Parts which are necessary for the proper use and enjoyment of the Premises;
(ii) the right in common with the Landlord and all others having the like right at all times upon giving notice to the Landlord (except in an emergency):
(1) to install, maintain, repair, renew, remove, replace and connect cables from the Premises to the busbar plug-in units within the Common Parts on each floor and to gain access thereto for such purposes through such of the Common Parts as the Landlord may from time to time reasonably determine;
(2) to discharge exhaust air from the pantries in the Premises to the Building's central exhaust system;
(iii) the sole and free right to install, maintain, repair and renew appropriate Service Media and to run appropriate Utilities through the duct shafts and risers, the electrical duct shaft, the normal and UPS power risers, the generator power riser and the dual chilled water risers located within the Building (but outside the Premises) solely serving the Premises and the right to gain access thereto for such purposes through such Common Parts as the Landlord may from time to time reasonably determine;
(iv) the sole and free right at all times to:
(1) use the Tenant's dedicated 4 generators and chiller plant on the 73rd floor of the Building and such further Tenant's dedicated generators and chiller plant as may be installed from time to time;
(2) install, maintain, repair, renew, remove, replace and connect cables from the Premises to the Tenant's dedicated 4 generators and chiller plant on the 73rd floor of the Building and such further Tenant's dedicated generators and chiller plant as may be installed from time to time and to use such generators and to gain access thereto for such purposes through such of the Common Parts as the Landlord may from time to time reasonably determine;
(v) the free right to install or procure the installation of copper and fibre optic cable services within the core of the Building from time to time insofar as space is available from time to time and other Service Media are not adversely affected thereby;
(vi) the right at its own cost to install, maintain, repair and renew:
(1) 100 x 100 mm metal trunking and 200 x 200 mm metal trunking within a telephone duct shaft within the core of the Building;
(2) 30 pairs of fibre optic cable and 400 pairs of copper cable within a second telephone duct shaft within t...
TOGETHER WITH subject to the terms of the URC Documents, all right, title and interest of Mortgagor in and to all "general intangibles", "accounts" and "proceeds", together with the replacements and substitutes thereof and profits therefrom (as such terms are defined in the Uniform Commercial Code (as hereinafter defined)), with respect to which Mortgagee shall have, in addition to all rights and remedies provided in ARTICLE V hereof, all of the rights and remedies of a "secured party" under the Uniform Commercial Code other than any right, title and interest of Mortgagor in and to any account created under the URC Loan Agreement;
