Common use of Utilities and Access Clause in Contracts

Utilities and Access. With respect to all Real Estate: (a) all utility and municipal services required for the renovation, occupancy, use and operation of the Improvements are available for use and are or will be available in sufficient amounts for the intended use of the Improvements; (b) all binding agreements, allocations or commitment letters, required to ensure the provision of such services have been obtained or will be available from the applicable utility companies and/or Governmental Authorities providing such services; (c) all public and private roads necessary for the intended occupancy, use and operation of the Improvements are completed and available for vehicular ingress to and egress from the Real Estate and have been publicly dedicated and accepted for maintenance by all applicable Governmental Authorities; (d) all necessary or required utility, private roadway, parking, access (including curb cuts), easements, covenants and permits have been granted or issued; and (e) all impact, connection or other requisite fees therefor have been paid, unless the failure to have any of the above would not result in a Material Adverse Effect, and, if such failure is related to any Unencumbered Properties, would not cause a Pool Violation.

Utilities and Access. With respect to all Real Estatethe Pool: (a) all utility and municipal services required for the renovation, occupancy, use and operation of the Improvements are available for use and are or tap-in at the boundaries of the Land and will be available in sufficient amounts for the intended use of the Improvements; (b) all binding agreements, allocations or commitment letters, letters required to ensure the provision of such services have been obtained or will be available from the applicable utility companies and/or Governmental Authorities Tribunals providing such services; (c) all public and private roads necessary for the intended occupancy, use and operation of the Improvements are completed and available for vehicular ingress to and egress from the Real Estate Land and have been publicly dedicated and accepted for maintenance by all applicable Governmental AuthoritiesTribunals; (d) all necessary or required utility, private roadway, parking, access (including curb cuts), easements, covenants and permits have been granted or issued; and (e) all impact, connection or other requisite fees therefor have been paid, unless the failure to have any of the above would not result in a Material Adverse Effect, and, if such failure is related to any Unencumbered Properties, would not cause a Pool Violation.