Excess Land. Prior to Substantial Completion, Landlord shall convey the portion of the Premises described on Exhibit F (the “Excess Land”) to Tenant in accordance with this section; provided, if there is a material adverse change affecting the Excess Land (including, but not limited to, any material adverse change in the physical condition of the Excess Land not provided for in the Final Plans and Specifications (as subsequently modified by Change Order), title to the Excess Land, or the environmental condition of the Excess Land) prior to such conveyance, Tenant may elect not to have the Excess Land conveyed to it. Landlord shall give Tenant at least sixty (60) days advance written notice of the date upon which Landlord intends to convey the Excess Land to Tenant pursuant to this section (the “Excess Land Conveyance Date”). Tenant shall have the right to: (i) inspect the Excess Land, from time to time; (ii) obtain an updated title insurance commitment, survey, and Phase I and Phase II environmental assessments of the Excess Land; and (iii) review any and all information related to the Excess Land in Landlord’s possession or control. Xxxxxxxx agrees to cooperate and assist with Xxxxxx’s efforts to obtain a Phase I and Phase II environmental assessment of the Excess Land, and Landlord shall furnish information reasonably required in connection therewith to the extent in its possession or control. Tenant acknowledges that Landlord intends to mine fill from the Excess Land as required by the Final Plans and Specifications and that mining such fill will change the physical characteristics of the Excess Land from the condition in which it exists as of the Effective Date to the condition provided for in the Final Plans and Specifications and this section. Such changes do not constitute a material adverse change for purposes of this Section 2.03 so long as the same are consistent with the Final Plans and Specifications and this section. Except for such changes, Landlord will not make any Alterations to the Excess Land, and Landlord shall cause the areas disturbed as a result of the mining of fill material in accordance with the Final Plans and Specifications to be (i) placed in a condition that complies with Applicable Laws, (ii) sloped in a manner that reasonably protects against erosion and does not result in any unsafe grades or precipices, and (iii) properly seeded with grass overlaid by straw. In addition, Landlord shall not place any debris, spoils or other material the...
Excess Land. Landlord and Tenant acknowledge and agree that Landlord is acquiring more property than is necessary for the development and construction of the Building, and that development and construction of a second building on the easterly portion of the property, and site improvements related solely thereto, will be subject to the terms and conditions set forth in Section 14.13
Excess Land. Landlord and Tenant acknowledge and agree that Landlord is acquiring more land than is necessary for the development and construction of the Building covered by this Lease. The excess land consists of approximately 136,561 square feet and is outlined in yellow on attached EXHIBIT A (Excess Land). Landlord and Tenant agree, as follows, with respect to the Excess Land:
Excess Land. 35 37. Miscellaneous.......................................................... 35 EXHIBITS -------- Exhibit "A-1" - Premises Exhibit "A-2" - Excess Land Exhibit "B" - Machinery and Equipment Exhibit "C" - Schedule of Permitted Encumbrances Exhibit "D" - Rent Schedule Exhibit "E" - Financial Covenants Exhibit "F" - Post-Closing Obligations LEASE AGREEMENT, made as of this 31/st/ day of March, 1999, between DELAWARE COMP LLC, a Delaware limited liability company ("Landlord"), with an -------- address c/o W. P. Xxxxx & Co., Inc., 00 Xxxxxxxxxxx Xxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, and COMPUCOM SYSTEMS, INC., a Delaware corporation ("Tenant"), ------ with an address at 0000 Xxxxxx Xxxx, Xxxxxx, Xxxxx 00000. In consideration of the rents and provisions herein stipulated to be paid and performed, Landlord and Tenant hereby covenant and agree as follows:
Excess Land. If, at any time following the Closing, the any portion of that parcel of land included in the Property referred to as Store No. 809 located at 4601 N. A St., Midland, Texas ("809 Premises") is released from the xxxx xx xxx Xxxxxxxx xx xxxxx of Lender, as permitted by the Loan Documents, then this Lease shall automatically terminate as to the portion of the 809 Premises released from such Mortgage, but not as to the remaining portion of the 809 Premises, without any reduction in the Base Annual Rental, Base Monthly Rental, any Additional Rental or any other amount owing by Lessee under this Lease or any other obligation of Lessee under this Lease.
Excess Land. (a) Landlord and Tenant acknowledge and agree that Landlord, or an affiliate of Landlord (the “Excess Land Owner”) is the owner of the Excess Land, and, except for the revocable license provided in paragraph 2(e), Tenant disclaims any right, title or interest in the Excess Land. Lxxxxxxx has advised Tenant that Excess Land Owner may, in its sole and absolute discretion, develop any or all of such Excess Land in any manner and for any reason whatsoever.
Excess Land. Key No. 14-02-28-500-002.004-005 Form: WD-1 A part of Lot thirty-three (33) in Xxxxx’x First Addition to the Town of Hazleton, described as follows: Beginning at the southeast corner of said lot, and thence running north sixty (60) feet; thence west one hundred ninety-eight (198) feet; thence south sixty (60)feet; thence east one hundred ninety-eight (198) feet to the place of beginning. (The preceding quoted from existing record documents and the following bearings and distances are based upon the Location Control Route Survey recorded as Instrument # 20000003728 in the Office of the Recorder of Xxxxxx County.) excepting therefrom: Beginning at the southeast corner of said Lot; thence North 83 degrees 28 minutes 30 seconds West, a distance of 198.03 feet (198’ record) to the southwest corner of said Lot; thence along the west side of said Lot, North 06 degrees 22 minutes 34 seconds East, a distance of 8.56 feet to the intersection with the line formed between the points designated “2” and “5” on the attached Right of Way Parcel Plat marked Exhibit “B”; thence South 83 degrees 36 minutes 44 seconds East, a distance of 118.64 feet to the point designated “5” on said Plat; thence North 56 degrees 06 minutes 18 seconds East, a distance of 71.25 feet to the point designated “6” on said Plat; thence along the line formed between the points designated “6” and “7” on said Plat, North 22 degrees 31 minutes 51 seconds East, a distance of 5.31 feet to the north line of the land described in Instrument #200300011236; thence along said north line, South 83 degrees 28 minutes 30 seconds East, a distance of 23.55 feet to the northeast corner of said land; thence South 06 degrees 22 minutes 34 seconds West, a distance of 60.15 feet (60’ record) to the POINT OF BEGINNING; said described exception containing 0.098 Acres (4271 Square Feet), more or less; Containing in all 0.175 Acres (7641 Square Feet), more or less, after said exception. [This description is subject to any and all easements, rights of way, covenants, or restrictions; recorded or observable.] This description was prepared from information obtained from the Recorder’s Office and other sources which were not necessarily checked by a field survey. This description was prepared for the Indiana Department of Transportation by Xxxxxxx Xxxx Croix Xxxxxx, Indiana RLS # 20400026 this 18th day of October, 2012. Xxxxxxx Xxxx Croix Xxxxxx, 10/18/2012 PARCEL DATA & COORDINATE CHART (shown in US Feet) Point Alignment Sta...
Excess Land. (a) Landlord and Tenant acknowledge and agree that Landlord, or an affiliate of Landlord (the "EXCESS LAND OWNER") is the owner of the Excess Land. Landlord has advised Tenant that Excess Land Owner may, in its sole and absolute discretion, develop any or all of such Excess Land in one or more phases for non-membership products; provided, however, Excess Land Owner's development of any such Excess Land (A) shall not diminish Tenant's rights under this Lease in a materially adverse manner and (B) shall not be for use as a membership campground similar to Tenant's operations. Tenant hereby acknowledges and agrees that development of the Excess Land as a manufactured home community or a recreational vehicle resort shall not violate the terms of clause (B) of the immediately preceding sentence.
Excess Land. DOC acknowledges that the Property includes certain parcels of excess vacant land located adjacent to the parcel on which the Hospital and MOB are situated, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Excess Land”). In connection with DOC’s purchase of the Property, DOC shall cause and direct Seller to convey the Excess Land directly to FREP El Paso, LLC, a Texas limited liability company (“FREP”), on the terms and conditions set forth in this Section 4. FSHA shall be responsible for all costs, fees and expenses that may be incurred by DOC in connection with the conveyance of the Excess Land, including, but not limited to, title insurance premiums, transfer fees and taxes, and recording fees. Such costs, fees and expenses shall be paid by DOC as part of the Transaction Costs.
Excess Land. Designate as Excess Land any parcel which (a) is a part of the footprint of any existing hotel, casino or resort property (including related parking structures and/or support facilities) or (b) with respect to such parcel, the development of condominium developments, retail shopping pads or any similar development on such Excess Land will materially and adversely affect any of the Borrowers’ hotel, casino or resort properties with respect to ingress and egress, delivery or maintenance access, property marquis sign visability, or otherwise materially and negatively impact the level of Adjusted EBITDA generated by the existing development of the adjoining property of the Borrowers.
