Common use of Granting of Easements Clause in Contracts

Granting of Easements. If no Event of Default under this Agreement shall have happened and be continuing, the Authority may at any time or times (a) grant or cause to be granted easements, 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 Project, 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 Authority shall determine. The Authority will cause and direct the Trustee to 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 delivery to the Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangements; (ii) a written application signed by an Authorized Authority Representative requesting such instrument; and (iii) a certificate executed by an Authorized Authority Representative stating that such grant or release is not detrimental to the proper conduct of the business of the Project, will not impair the effective use or interfere with the efficient and economical operation of the Project. 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 Authority and the Trustee under this Agreement and the Project Indentures and shall not be affected by any termination of this Agreement or by default on the part of a Sponsor hereunder.

Appears in 2 contracts

Samples: Construction and Lease Agreement, Construction and Lease Agreement

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Granting of Easements. If no Event of Default under this Agreement shall have happened and be continuing, the Authority may at any time or times (a) grant or cause to be granted easements, licenses, rights-of-way rights­of­way (including the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property included in the Project, or (b) release existing easements, licenses, rights-of-way rights­of­way and other rights or privileges, all with or without consideration and upon such terms and conditions as the Authority shall determine. The Authority will cause and direct the Trustee to execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way right­of­way or other right or privilege or any such agreement or other arrangement, upon delivery to the Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangements; (ii) a written application signed by an Authorized Authority Representative requesting such instrument; and (iii) a certificate executed by an Authorized Authority Representative stating that such grant or release is not detrimental to the proper conduct of the business of the Project, will not impair the effective use or interfere with the efficient and economical operation of the Project. 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 Authority and the Trustee under this Agreement and the Project Indentures and shall not be affected by any termination of this Agreement or by default on the part of a Sponsor hereunder.

Appears in 2 contracts

Samples: Financing, Construction and Lease Agreement, Construction and Lease Agreement

Granting of Easements. If no Event of Default under this Agreement shall have happened and be continuing, the Authority may at any time or times (a) grant or cause to be granted easements, 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 Project, 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 Authority shall determine. The Authority will cause and direct the Trustee to 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 delivery to the Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangements; arrangements; (ii) a written application signed by an Authorized Authority Representative requesting such instrument; instrument; and (iii) a certificate executed by an Authorized Authority Representative stating that such grant or release is not detrimental to the proper conduct of the business of the Project, will not impair the effective use or interfere with the efficient and economical operation of the Project. 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 Authority and the Trustee under this Agreement and the Project Indentures and shall not be affected by any termination of this Agreement or by default on the part of a Sponsor hereunder.

Appears in 1 contract

Samples: Financing, Construction and Lease Agreement

Granting of Easements. If no Event of Default under this Agreement Lease shall have happened and then be continuing, the Authority may Lessor, at the request of the Lessee, shall at any time or times (a) grant or cause to be granted easements, licenses, rights-of-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 Project, or (b) the Lessor, at the request of the Lessee, shall release existing easements, licenses, rights-of-way rights of way, and other rights or privileges, all privileges with or without consideration consideration, and upon such terms and conditions as the Authority Lessor agrees that it shall determine. The Authority will cause and direct the Trustee to execute and deliver any instrument necessary or appropriate to confirm and grant or release any such easement, license, right-of-way right of way, or other right or privilege or any such agreement or other arrangement, upon delivery to the Trustee of: receipt of (i) a copy of the instrument of grant or release or of the agreement or other arrangements; release, (ii) a written application signed by an the Authorized Authority Lessee Representative requesting such instrument; instrument, and (iii) a certificate executed by an the Authorized Authority Lessee Representative stating that such grant or release is not detrimental to the proper conduct of the business of the Project, will not impair the effective use or interfere with the efficient and economical operation of the Project. If Any money consideration received in connection with the instrument granting or release of grant shall so provide, any such an easement or right and the rights of such other parties thereunder pursuant to this Section shall be superior paid to the rights Lessee. No grant or release effected under the provisions of this Section shall entitle the Lessee to any abatement or diminution of the Authority and the Trustee under this Agreement and the Project Indentures and shall not be affected by any termination of this Agreement or by default on the part of a Sponsor hereunderGross Rent.

Appears in 1 contract

Samples: Lease Agreement (Sanderson Farms Inc)

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Granting of Easements. If no Event of Default under this Agreement shall have happened and be continuing, the Authority may at any time or times (a) grant or cause to be granted easements, 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 Project, 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 Authority shall determine. The Authority will cause and direct the Trustee to 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 delivery to the Trustee of: (i) a copy of the instrument of grant or release or of the agreement or other arrangements; arrangements; (ii) a written application signed by an Authorized Authority Representative requesting such instrument; instrument; and (iii) a certificate executed by an Authorized Authority Representative stating that such grant or release is not detrimental to the proper conduct of the business of the Project, will not impair the effective use or interfere with the efficient and economical operation of the Project. 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 Authority and the Trustee under this Agreement and the Project Indentures and shall not be affected by any termination of this Agreement or by default on the part of a Sponsor hereunder.

Appears in 1 contract

Samples: Construction and Lease Agreement

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