VCTC’s Use of Property Sample Clauses

VCTC’s Use of Property. The rights granted in Section 2 above are subject and subordinate to VCTC’s prior and continuing right to use, improve, and maintain the SPBL, the Property and the Railroad Facilities for any purpose that is not inconsistent with this Agreement. Subject to, but without limiting the generality of the foregoing, VCTC may construct, maintain, install, repair, renew, use, operate, change, modify or relocate public projects of any kind, including a trail consistent with the Santa Xxxxx Xxxxxx Line Recreational Trail network, implementation of Transit Rail Services, railroad tracks, signals, communication equipment including cellular equipment (standard and small cell), fiber optics, pipelines, informational signage, or other utility or other similar facilities upon, along, or across any or all of the Property, all or any of which VCTC may freely do at any time or times without liability to Railway for compensation or damages; provided, however, that VCTC may not materially interfere with Railway’s Freight Service rights and obligations under applicable law, unless first approved by an applicable agency or court if such approval is required by applicable law; and provided, further, that VCTC shall to the extent possible provide Railway sixty (60) days advance written notice of any such planned or actual interference and provided that VCTC takes reasonable measures to minimize any such interference. In addition, VCTC may access the Property to remove trees, vegetation, and other such conditions that may affect the safety or function of utilities located on the Property and/or may authorize utility companies to access the Property in order to perform such work. Railway shall cooperate with the VCTC in implementing the foregoing uses of the Property. If VCTC requests Railway’s assistance to transport materials or to perform other transportation or construction services for public projects, Railway will provide such assistance at reasonable rates to be determined between the Parties. In the event that VCTC’s long-term plans for the SPBL or the Property require STB approval, Railway agrees to reasonably coordinate and cooperate with VCTC to obtain those approvals. Further, Railway agrees to accommodate VCTC’s long-term plans for the SPBL and the Property, at no cost to VCTC, including reasonably coordinating and/or cooperating with VCTC on any necessary track and infrastructure modifications. If any of the VCTC’s actions under this Section materially interfere with t...
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Related to VCTC’s Use of Property

  • Use of Property The Property as defined herein shall be for the sole and exclusive use and occupation by the Tenant(s) and same’s exclusive family namely:

  • Maintenance and Use of Property Borrower shall cause the Property to be maintained in a good and safe condition and repair. The Improvements and the Personal Property shall not be removed, demolished or materially altered (except for normal replacement of the Personal Property or as permitted in the PETsMART Lease) without the consent of Lender. Except as provided in Section 3.8(f) hereof, Borrower shall promptly repair, replace or rebuild or cause to be repaired, replaced or rebuilt, any part of the Property which may be destroyed by any casualty, or become damaged, worn or dilapidated or which may be affected by any proceeding of the character referred to in Section 3.6 hereof and shall complete and pay for any structure at any time in the process of construction or repair on the Land. Borrower shall not initiate, join in, acquiesce in, or consent to any change in any private restrictive covenant, zoning law or other public or private restriction, limiting or defining the uses which may be made of the Property or any part thereof, provided, that Borrower shall be permitted to enter into easement agreements or grant rights of way so long as such agreements or grants do not reduce the value of the Property or impair its use, and so long as Borrower has delivered to Lender a title endorsement satisfactory to Lender with respect to such agreements and/or rights of way. If under applicable zoning provisions the use of all or any portion of the Property is or shall become a nonconforming use, Borrower will not cause or permit the nonconforming use to be discontinued or the nonconforming Improvement to be abandoned without the express written consent of Lender.

  • Lease of Property Landlord, for and in consideration of the covenants and agreements herein contained on the part of Tenant to be paid, kept, observed, and performed, hereby leases to Tenant, and Tenant hereby leases from Landlord for the Term (as hereinafter defined), the Property. Tenant’s use of the Property shall be in compliance with the terms of this Lease.

  • Release of Property Except as set forth in this Section 2.6, no repayment or prepayment of all or any portion of the Loan shall cause, give rise to a right to require, or otherwise result in, the release of the Lien of the Mortgage on the Property.

  • Compliance with Laws; Use of Proceeds Each Loan Party shall, and shall cause each of its Subsidiaries to, comply with all applicable Laws, including all Environmental Laws, in all respects; provided that it shall not be deemed to be a violation of this Section 8.1.7 if any failure to comply with any Law would not result in fines, penalties, remediation costs, other similar liabilities or injunctive relief which in the aggregate would constitute a Material Adverse Change. The Loan Parties will use the Letters of Credit and the proceeds of the Loans only in accordance with Section 2.8 [Use of Proceeds] and as permitted by applicable Law.

  • Use of Project Issuer does hereby covenant and agree that it will not take any action during the term of this Agreement, other than pursuant to Article IX of this Agreement or Article IX of the Indenture, to interfere with Company's ownership of the Project or to prevent Company from having possession, custody, use and enjoyment of the Project.

  • Purchase of Property With any cash at any time held by it, to purchase or subscribe for any Authorized Investment (as defined in Section 6.3) and to retain the same in trust.

  • Maintenance of Properties and Leases Each Loan Party shall, and shall cause each of its Subsidiaries to, maintain in good repair, working order and condition (ordinary wear and tear excepted) in accordance with the general practice of other businesses of similar character and size, all of those properties useful or necessary to its business, and from time to time, such Loan Party will make or cause to be made all appropriate repairs, renewals or replacements thereof.

  • Contracts Concerning Use of Project The Recipient agrees that during the Agreement Term it will not contract with any Private Person for use of the Project or any portion thereof or the facility or facilities of which the Project is a part for any Private Business Use unless all of the conditions of subparagraph F.3.a., subparagraph F.3.b. or subparagraph F.3.c. are met: a. If the compensation of the Private Person is based entirely on a periodic, fixed fee that contains no incentive adjustments, all of the following conditions must be met: (A) no amount of compensation is based on a share of the net profits; (B) the compensation is reasonable; (C) the term of the contract does not exceed five (5) years (including any renewal option periods provided for in the contract);

  • Maintenance of Property The Company shall maintain, and shall cause each Subsidiary to maintain, and preserve all its property which is used or useful in its business in good working order and condition, ordinary wear and tear excepted and make all necessary repairs thereto and renewals and replacements thereof except where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

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