Transfer of Easement Property Sample Clauses

Transfer of Easement Property. Grantor agrees to incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which Grantor divests itself of any interest in all or any portion of the Easement Property, including, without limitation, a leasehold interest. Grantor agrees that the deed or other legal instrument shall also incorporate by reference, applicable provisions of the ESA Permit and any amendments thereto. Grantor further agrees to give written notice to Grantee and the USFWS of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Grantee or USFWS shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the covenants, terms, conditions and restrictions of this Conservation Easement, including the exhibits and documents incorporated by reference in it. If Grantor proposes to transfer fee title to the Easement Property to the then Grantee of this Conservation Easement, and if the doctrine of merger would apply and extinguish the Conservation Easement by operation of law upon such transfer, then the transfer shall be subject to the prior written approval of the USFWS, which approval shall not be unreasonably withheld or delayed. Approval of any such transfer to the Grantee may be withheld in the reasonable discretion of the USFWS unless, prior to the transfer, an alternative mechanism acceptable to the USFWS to achieve the purposes of this Conservation Easement following such merger has been provided for. Upon the recordation of such writing accepting such assignment and assuming such duties, such assignee (the "Successor Grantor"), to the extent of such assignment, shall have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Grantor herein and Grantor shall be released and relieved of such rights and obligations; provided that notwithstanding any such assignment or transfer, Grantor shall remain liable to perform and fund its obligations under the ESA Permit until and unless an assignment of the Permits and release of Grantor's obligations thereunder is approved in writing by the USFWS. The failure of Grantor, Grantee, or the USFWS to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. This Section 13 shall not apply to a transfer of property pursuant to, or in lieu of, a co...
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Related to Transfer of Easement Property

  • Grant of Easement Subject to clauses 2 to 4 inclusive of this Part, the Water Authority will grant to the Joint Venturers an easement over the Water Authority Land in accordance with clause 5 of this Part.

  • Grant of Easements Provided no Event of Default has occurred and is continuing, Landlord will join in granting and, if necessary, modifying or abandoning such rights-of-way, easements and other interests as may be reasonably requested by Tenant for ingress and egress, and electric, telephone, gas, water, sewer and other utilities so long as:

  • Access Easement The Owner shall grant to VBWD the necessary easements and rights-of-way and/or maintain perpetual access from public rights-of-way to the Facility for VBWD, its agent, or contractor.

  • Conservation Easement School shall abide by the terms of the Easement, attached as Exhibit “D” and granted by the District to Authority. The Easement shall be recorded against the Subject Property by the Authority, at the Authority’s sole cost and expense. This Easement may be executed and recorded without further approval of the Parties’ governing bodies, except that approval is required to authorize the execution of this Agreement.

  • Deed Restrictions The Recipient shall record the Deed Restrictions together with the deed. The Recipient agrees that the Deed Restrictions shall be perpetual and shall not be amended, released, extinguished or otherwise modified without the prior written approval of the Director, at the Director's sole and absolute discretion, who shall have full enforcement authority with respect to the Deed Restrictions. If any amendment, release, extinguishment or other modification of the Deed Restrictions should occur without the prior written approval of the Director, the Recipient or its successors and assigns as owner of the Land or interest therein, shall pay to the OPWC upon demand from the Director the following: 1) all grant funds disbursed under this Agreement; and 2) liquidated damages equal to one hundred percent (100%) of the Funds disbursed by the OPWC for the Project together with interest accruing at a rate equal to six percent (6%) per annum from the date of Recipient's receipt of the grant.

  • Utility Easements 2.1 Some properties may at the discretion of the Developer be subject to easements in favour of suppliers of water, power, gas, telephone, internet and wastewater utilities and services, including SaskPower for location of a transformer and SaskTel. The Property Owner acknowledges that the location of any transformer and which lots will be affected by any such easements, will not be known until such utility and service providers complete their design work and the Developer has negotiated the terms and conditions thereof. The Property Owner further specifically acknowledges and agrees that the Property may be subject to any such easement, and that the same shall not affect or result in a decrease or abatement of the purchase price of the Property.

  • Ground Lease Reserved.

  • Easement To the extent applicable, Owner agrees to grant to Bell a non-exclusive easement and statutory right of way and/or a path to the property line from the Building, as the case may be and in or through the Equipment Space if it is determined that a fibre optic cable or such other Equipment must be installed to the Building and/or in the Equipment Space. Owner and Bell shall in advance, agree upon a suitable location to install the fibre optic cable on the property of the Owner. Owner agrees to allow Bell to register, at Xxxx'x expense, the easement and right of way, and/or notice of this Agreement

  • Transfer of Land (a) The Developer may not transfer, assign or dispose of the whole or any part of its right, title or interest in the Land (present or future) or in the Development to another person (Transferee) unless before it sells, transfers or disposes of that right, title or interest:

  • Student Data Property of LEA All Student Data transmitted to the Provider pursuant to the Service Agreement is and will continue to be the property of and under the control of the LEA. The Provider further acknowledges and agrees that all copies of such Student Data transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are subject to the provisions of this DPA in the same manner as the original Student Data. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data contemplated per the Service Agreement, shall remain the exclusive property of the LEA. For the purposes of FERPA, the Provider shall be considered a School Official, under the control and direction of the LEA as it pertains to the use of Student Data, notwithstanding the above.

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