Common use of Essential Facilities Clause in Contracts

Essential Facilities. Except as set forth in Schedule 5.28, the Property is an independent unit which does not now rely on any facilities (other than facilities covered by Permitted Exceptions or facilities of municipalities or public or private utility and water companies) located on any property not included in the Property to fulfill any municipal or governmental requirement or for the furnishing to the Property of any essential building systems or utilities. Except as set forth on Schedule 5.28, no property not included in the Property relies for its operation, maintenance or legal compliance on any facilities located on the Property.

Appears in 17 contracts

Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)

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Essential Facilities. Except as set forth in Schedule 5.285.27, the Property is an independent unit which does not now rely on any facilities (other than facilities covered by Permitted Exceptions or facilities of municipalities or public or private utility and water companies) located on any property not included in the Property to fulfill any municipal or governmental requirement or for the furnishing to the Property of any essential building systems or utilities. Except as set forth on Schedule 5.285.27, no property not included in the Property relies for its operation, maintenance or legal compliance on any facilities located on the Property.

Appears in 3 contracts

Samples: Development Contribution Agreement (Berkshire Realty Co Inc /De), Development Contribution Agreement (Berkshire Realty Co Inc /De), Development Contribution Agreement (Berkshire Realty Co Inc /De)

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Essential Facilities. Except as set forth in Schedule 5.285.27, the Property is an independent unit which does not now rely on any facilities (other than facilities covered by Permitted Exceptions or facilities of municipalities or public or private utility and water companies) located on any property not included in the Property to fulfill any municipal or governmental requirement or for the furnishing to the Property of any essential building systems or utilities. Except as set forth on Schedule 5.28, no property not included in the Property relies for its operation, maintenance or legal compliance on any facilities located on the Property.water

Appears in 1 contract

Samples: Development Contribution Agreement (Berkshire Realty Co Inc /De)

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