Transfer of the Easement. Xxxxxxx and Xxxxxxx acknowledge that the Grant for this Easement is specific to Grantee and that the OPWC’s approval of Xxxxxxx’s application for the Grant was made in reliance on Xxxxxxx’s continued ownership and control of the easement through its successors and assigns. Accordingly, Grantee shall not voluntarily or involuntarily sell, assign, transfer, lease, exchange, convey or otherwise encumber the easement including, without limitation, surface rights or interests or rights or interests in soil, sand, gravel, oil, natural gas minerals or other materials, or interests in or control of Grantee, without the prior written consent of the OPWC, which consent may be withheld by either in their sole and absolute discretion, and with notice to the Grantor. If Grantee fails to observe this condition, Grantee shall pay to the OPWC, upon demand, as liquidated damages, the amount set forth in Paragraph 10 above.
Appears in 3 contracts
Samples: Conservation Easement, Conservation Easement, Conservation Easement
Transfer of the Easement. Xxxxxxx Grantor and Xxxxxxx Grantee acknowledge that the Grant for this Easement is specific to Grantee and that the OPWC’s approval of XxxxxxxGrantee’s application for the Grant was made in reliance on XxxxxxxGrantee’s continued ownership and control of the easement through its successors and assigns. Accordingly, Grantee shall not voluntarily or involuntarily sell, assign, transfer, lease, exchange, convey or otherwise encumber the easement including, without limitation, surface rights or interests or rights or interests in soil, sand, gravel, oil, natural gas minerals or other materials, or interests in or control of Grantee, without the prior written consent of the OPWC, which consent may be withheld by either in their sole and absolute discretion, and with notice to the Grantor. If Grantee fails to observe this condition, Grantee shall pay to the OPWC, upon demand, as liquidated damages, the amount set forth in Paragraph 10 above.
Appears in 1 contract
Samples: Conservation Easement