Common use of Granting of Easements Clause in Contracts

Granting of Easements. Provided that no Lease Event of Default or Bankruptcy Default is continuing, Lessor will join with Lessee from time to time at the request of Lessee (and at Lessee's sole cost and expense) to (i) subject to the terms of Article XIV, sell, assign, convey or otherwise transfer an interest in the Properties to any Person legally empowered to take such interest under the power of eminent domain, (ii) grant easements, licenses, rights of way and other rights and privileges in the nature of easements, (iii) release existing easements and appurtenances which benefit the Properties, (iv) subject to the terms of Article XIV, dedicate or transfer unimproved portions of the Properties for road, highway or other public purposes, (v) execute petitions to have the Properties annexed to any municipal corporation or utility district, (vi) execute any amendment, termination or supplement of or to any Land Agreement, or a new Land Agreement, and (vii) execute and deliver any instrument necessary or appropriate to make or confirm such grants, releases or other actions described above in this Section 8.4 to any Person; provided that Lessor shall not be required to take any such action, and Lessee shall not effect any such action or grant, release, dedication, transfer or amendment, unless Lessor shall have received a certificate of an authorized officer of Lessee stating that such grant or release, or such dedication, transfer or amendment, as the case may be, shall not materially reduce below the Lease Balance the fair market value of the Properties and the Properties shall comply with all Applicable Laws after such grant or release, or such dedication, transfer or amendment, as the case may be.

Granting of Easements. (a) Provided that no Lease Event of Default or Bankruptcy Default has occurred and is continuing, Lessor will join with Lessee from time to time at the request of Lessee (and at Lessee's ’s sole cost and expense) to (i) subject to the terms of Article XIV, (x) sell, assign, convey or otherwise transfer an interest in the Properties Property to any Person legally empowered to take such interest under the power of eminent domaindomain and (y) dedicate or transfer unimproved portions of the Property for road, highway or other public purposes, (ii) grant easements, licenses, rights of way and other rights and privileges in the nature of easements, (iii) release existing easements and appurtenances which benefit the PropertiesProperty, (iv) subject to the terms of Article XIV, dedicate or transfer unimproved portions of the Properties for road, highway or other public purposes, (v) execute petitions to have the Properties Property annexed to any municipal corporation or utility district, (viv) execute any amendment, termination or supplement of or amendments to any Land Agreement, or a new Land Agreement, covenants and restrictions affecting the Property and (viivi) execute and deliver any instrument instrument, in form and substance reasonably acceptable to Lessor, necessary or appropriate to make or confirm such grants, releases or other actions described above in this Section 8.4 25.11 to any Person; provided that Lessor shall not be required to take any such action, and Lessee shall not effect any such action or grant, release, dedication, transfer or amendment, unless Lessor shall have received a certificate of an authorized officer of Lessee stating that such grant or release, or such dedication, transfer or amendment, as the case may be, shall set forth in clause (i) through (vi) does not materially reduce below impair (other than to an immaterial extent) the Lease Balance usefulness of the Property for the purposes for which the Property is then generally being used and does not impair (other than to an immaterial extent) the fair market value of the Properties and Property. Any dispute under this Section 25.11 shall be resolved by the Properties shall comply with all Applicable Laws after such grant or release, or such dedication, transfer or amendment, as the case may beArbitration Procedure.

Granting of Easements. Provided that no Lease Event of Default or Bankruptcy Default is continuing, the Lessor will join with the Lessee from time to time at the request of the Lessee (and at the Lessee's sole cost and expense) to (i) subject to the terms of Article XIVSection 15.3, sell, assign, convey or otherwise transfer an interest in the Properties Facility to any Person legally empowered to take such interest under the power of eminent domain, (ii) grant easements, licenses, rights of way and other rights and privileges in the nature of easements, (iii) release existing easements and appurtenances which benefit the PropertiesFacility, (iv) subject to the terms of Article XIVSection 15.3, dedicate or transfer unimproved portions of the Properties Facility for road, highway or other public purposes, (v) execute petitions to have the Properties Facility annexed to any municipal corporation or utility district, (vi) execute any amendment, termination or supplement of or to any Land Agreement, or a new Land Agreement, Agreement and (vii) execute and deliver any instrument necessary or appropriate to make or confirm such grants, releases or other actions described above in this Section 8.4 to any Person; provided that in each case other than transfers pursuant to clause (i), the Lessor shall not be required to take any such action, and the Lessee shall not effect any such action or grant, release, dedication, transfer or amendment, unless the Lessor shall have received a certificate of an authorized officer of the Lessee stating that such grant or release, or such dedication, transfer or amendment, as the case may be, shall not materially adversely affect the utility, economic useful life or residual value of the Facility or reduce below the Lease Balance the fair market value of the Properties Facility below the Lease Balance and the Properties Facility shall comply with all Applicable Laws after such grant or release, or such dedication, transfer or amendment, as the case may be.

Granting of Easements. Provided that no Lease Event of Default or Bankruptcy Default is continuing, the Lessor will join with the Lessee from time to time at the request of the Lessee (and at the Lessee's ’s sole cost and expense) to (i) subject to the terms of Article XIVSection 15.3, sell, assign, convey or otherwise transfer an interest in the Properties Facility to any Person legally empowered to take such interest under the power of eminent domain, (ii) grant easements, licenses, rights of way and other rights and privileges in the nature of easements, (iii) release existing easements and appurtenances which benefit the PropertiesFacility, (iv) subject to the terms of Article XIVSection 15.3, dedicate or transfer unimproved portions of the Properties Facility for road, highway or other public purposes, (v) execute petitions to have the Properties Facility annexed to any municipal corporation or utility district, (vi) execute any amendment, termination or supplement of or to any Land Agreement, or a new Land Agreement, Agreement and (vii) execute and deliver any instrument necessary or appropriate to make or confirm such grants, releases or other actions described above in this Section 8.4 to any Person; provided that in each case other than involving transfers required by Applicable Laws pursuant to clause (i), the Lessor shall not be required to take any such action, and the Lessee shall not effect any such action or grant, release, dedication, transfer or amendment, unless the Lessor shall have received a certificate of an authorized officer of the Lessee stating that such grant or release, or such dedication, transfer or amendment, as the case may be, shall not materially adversely affect the utility, economic useful life or residual value of the Facility or reduce below the Lease Balance the fair market value of the Properties Facility below the Lease Balance and the Properties Facility shall comply with all Applicable Laws after such grant or release, or such dedication, transfer or amendment, as the case may be.