Excluded Land Clause Samples
Excluded Land. (a) Landlord shall have the right from time to time, in Landlord’s sole discretion (except as otherwise provided below), to partition, divide, sub-divide, sell and/or finance the Excluded Land, subject to the terms and conditions of this Section 1.7. Landlord shall use diligent efforts to (i) determine the scope of the Excluded Land with respect to each Property, if any, within one hundred eighty (180) days after the PropCo Closing Date and (ii) upon determination of the scope of the Excluded Land, cause the surveyor that prepared the survey for the Demised Premises in connection with the Propco Closing Date to complete a survey of such Excluded Land as promptly as commercially practicable after such determination and, once such survey is completed, deliver a copy of such completed survey to Tenant, at Landlord’s sole cost and expense. Landlord’s failure notwithstanding such efforts to determine the scope of the Excluded Land for an applicable Property within the time frame set forth in the preceding sentence, or to obtain a survey of the Excluded Land within any particular period of time thereafter, shall not preclude Landlord from electing at a later date to partition, divide, sub-divide, sell and/or finance such Excluded Land. Neither the determination of the scope of any Excluded Land, nor the subsequent separation, development or use of the same, shall violate any applicable Property Requirements or impair in any material respect Tenant’s access to and from, or use and enjoyment of, the Demised Premises (together with its loading docks, bays, platforms, service-ways and driveways) by Tenant (or any subtenant that is a party to a sublease entered into in accordance with the provisions of this Lease) for operations therein and therefrom consistent with Tenant’s use thereof for the Permitted Use.
(b) With respect to each applicable Property, from and after the date that the applicable Excluded Land with respect to such Property has been determined by Landlord, Landlord shall use diligent efforts to take the following actions at Landlord’s sole cost and expense with respect to such Property (the “Separation Actions”): (i) create a separate tax lot for the Land, separate and apart from one or more separate tax lots for the Excluded Land (it being agreed that Landlord shall cause such separate tax lots to be created prior to any sale or development of such Excluded Land); (ii) establish any easements, reciprocal easements or other agreements reasonably requ...
Excluded Land. 51 5.16 Farm Permits and Consents............................................51
Excluded Land. Those certain land parcels associated with the Lake Front Site and the Harbors View Site and marked as excluded from sale or as excluded property on the plat maps attached hereto as Schedule 2.3.5 are hereby excluded from the Land and shall be an Excluded Asset (collectively, the “Excluded Land”). Prior to the Closing Date and to the extent not provided prior to the Effective Date, the applicable Seller(s) shall provide Purchaser with a reasonably satisfactory legal description for each portion of the Excluded Land.
Excluded Land. Buyer agrees that, prior to the Closing Date, the Company will have transferred the land described on EXHIBIT J-1 to Our Family, LLP, Our Family MN, LLP, or Gobblers Inc. (the "UNWANTED REAL PROPERTY"). All land not transferred and, as a result, not subject to the Disposition is referred to herein as the "INCLUDED LAND". Included Land shall be deemed to be Real Property under this Agreement and shall be subject to the applicable representations and warranties and the environmental procedures and indemnifications contained in this Agreement, including without limitation the representations and warranties in Sections 3.12 and 3.27 hereof and the environmental procedures and indemnifications in Section 5.14 hereof. The land described on EXHIBIT J-2 shall be subject to a restrictive covenant substantially in the form set forth in EXHIBIT J-3 and an option to purchase and right of first refusal substantially in the form set forth in EXHIBIT J-4. The land described on EXHIBIT J-5 shall be leased by Our Family, LLP, Our Family MN, LLP, or Gobblers Inc., as applicable, to the Company pursuant to a lease substantially in the form set forth in EXHIBIT J-6.