Common use of Granting of Easements Clause in Contracts

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Bank to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event event of Default under this Lease default shall have happened and be continuing, and subject to the delivery of prior written notice to Trustee, Company may, may at any time or times, (a) times grant easements, licenses licenses, rights-of-way (including the dedication of public highways), and other rights or privileges in the nature of easements with respect to any property included in the ProjectMortgaged Property, free from any rights the lien of the Issuer or the BondownersIndenture, or (b) Company may release existing easements, licenses, rights-of-way way, and other rights or privileges, all privileges with or without consideration and upon such terms and conditions as the Company shall determineconsideration, and the Issuer agrees, to the extent agrees that it may legally do so, that it shall execute and deliver and will cause and direct Trustee to execute and deliver any instrument necessary or appropriate to confirm the release of any such easement, license, right of way and other right or privilege in the nature of easements when so granted from the lien of the Indenture, including, but not limited to, delivery by the Issuer of a release of lien in recordable form and a subordination agreement in recordable form confirming that the lien of the Indenture is subject and subordinate to such easement, license, right of way or other right or privilege granted pursuant to this Section 9.5, and grant or release any such easement, license, right-of-way way, or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, release; (ii) a written application signed by the Authorized Company Representative requesting such instrument, ; and (iii) a certificate executed by the Authorized Company Representative stating (aa1) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb2) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Mortgaged Property and will not materially adversely affect weaken, diminish, or impair the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall intended to be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected given by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the IssuerIndenture.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Corporation may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Corporation shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Corporation Representative requesting such instrument, and (iii) a certificate executed by the Company Corporation stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyCorporation, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Corporation hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Corporation for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyCorporation, but, in the event of the termination of this Lease because of Default of the CompanyCorporation, all rights then existing of the Company Corporation with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of beneficial easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Representative requesting such instrument, and (iii) a certificate executed by the Company stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the Company, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the ProjectLeased Property, free from any rights of the Issuer or the BondownersOwner(s) of Bonds, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project Leased Property and will not materially adversely affect the security of the BondownersOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right Owner(s) of the Bondowners Bonds and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this the Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or 1677850N.003 privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aaa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this the Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this the Lease because or continuing Event of Default of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Lease Event of Default under this Lease shall have happened occurred and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating that (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Lease Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened Agreement has occurred and be is continuing, the Company Lessee may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company shall determineLessee determines, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Lessee Representative requesting such instrument, and (iii) a certificate executed by the Company Lessee stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyLessee, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease Agreement or default on the part of the Company Lessee hereunder. If no Event of Default shall have happened has occurred and be is continuing, any payments or other consideration received by the Company Lessee for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyLessee, but, in the event of the termination of this Lease Agreement because of Default an Event of the CompanyDefault, all rights then existing of the Company Lessee with respect to or under such grant shall will inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If if the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner(s) of Bonds, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner(s) of Bonds. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right Owner(s) of the Bondowners Bonds and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer and Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iii) a certificate executed by the Company Tenant stating (aa) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii) a certificate executed by the Company stating Tenant staling (aa) that such grant txxx xxxx xxxxx or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbCob) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Project Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwner, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwner. Any consideration received by the Tenant for the grant or release must be paid to the Trustee to be deposited in the Debt Service Fund and used to redeem Bonds at the earliest practicable date, at their principal amount, plus accrued interest, without premium. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners Owner and shall not be affected by any termination of this Project Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Project Lease because of Default an Event of the CompanyDefault, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, the Company Tenant may, at any time or times, (a) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the Bondowners, or (b) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: (i1) a copy of the instrument of grant or release or of the agreement or other arrangement, (ii2) a written application signed by the Authorized Company Tenant Representative requesting such instrument, and (iii3) a certificate executed by the Company Tenant stating (aaA) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bbB) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the Bondowners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the Company, but, in the event of the termination of this Lease because of Default of the Company, all rights then existing of the Company with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.

Granting of Easements. If no Event of Default under this Lease shall have happened and be continuing, Tenant upon receipt of prior written approval of the Company Authorized Issuer Representative may, at any time or times, (ai) grant easements, licenses and other rights or privileges in the nature of easements with respect to any property included in the Project, free from any rights of the Issuer or the BondownersOwners, or (bii) release existing easements, licenses, rights-of-way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Company Tenant shall determine, and the Issuer agrees, to the extent that it may legally do so, that it will execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way or other right or privilege or any such agreement or other arrangement, upon receipt by the Issuer of: of (ia) a copy of the instrument of grant or release or of the agreement or other arrangement, (iib) a written application signed by the Authorized Company Tenant Representative requesting such instrument, instrument and (iiic) a certificate executed by the Company Xxxxxx stating (aa1) that such grant or release is not detrimental to the proper conduct of the business of the CompanyTenant, and (bb2) that such grant or release will not impair the effective use or interfere with the efficient and economical operation of the Project and will not materially adversely affect the security of the BondownersOwners. If the instrument of grant shall so provide, any such easement or right and the rights of such other parties thereunder shall be superior to the rights of the Issuer and the right of the Bondowners and shall not be affected by any termination of this Lease or default on the part of the Company Tenant hereunder. If no Event of Default shall have happened and be continuing, any payments or other consideration received by the Company Tenant for any such grant or with respect to or under any such agreement or other arrangement shall be and remain the property of the CompanyTenant, but, in the event of the termination of this Lease because or default of Default of the CompanyTenant, all rights then existing of the Company Tenant with respect to or under such grant shall inure to the benefit of and be exercisable by the Issuer.