Common use of Landlord to Grant Easements Clause in Contracts

Landlord to Grant Easements. Landlord shall, from time to time so long as no Event of Default has occurred and is continuing, at the request of Tenant and at Tenant's cost and expense (which cost and expense shall include, without limitation, Landlord's reasonable attorneys' fees and expenses relating to any action by Landlord pursuant to this Section 7.4), subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed: (i) grant easements and other rights in the nature of easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property; (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes; (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Leased Property; and (vi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interest in the Leased Property), but only upon delivery to Landlord of an Officer's Certificate, which Officer's Certificate shall be accompanied by all documents necessary to enable Landlord to verify the accuracy of such Officer's Certificate and shall state that such grant, release, dedication, transfer, petition or amendment (i) is not detrimental to the proper conduct of the business of Tenant on the Leased Property, (ii) does not reduce its value or usefulness for the Primary Intended Use and (iii) is necessary for the operation of the Facility in accordance with the Primary Intended Use (and which Certificate, if contested by Landlord, shall not be binding on Landlord); provided, however, that any withholding of approval by Landlord to any action pursuant to this Section 7.4 shall be deemed to be reasonable if Landlord reasonably believes that any such action is not required in order to operate or continue to operate the Leased Property and Facility in accordance with its Primary Intended Use. Landlord shall not grant, release, dedicate or execute any of the foregoing items in this Section 7.4 without obtaining Tenant's approval, which approval shall not be unreasonably withheld or delayed.

Landlord to Grant Easements. Landlord shall, from time to time so long as no Event of Default has occurred and is continuing, at the request of Tenant and at Tenant's cost and expense (which cost and expense shall include, without limitation, Landlord's reasonable attorneys' fees and expenses relating to any action by Landlord pursuant to this Section 7.4), subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed: delayed (i) grant easements and other rights in the nature of easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property; (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes; (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Leased Property; and (vi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interest in the Leased Property), but only upon delivery to Landlord of an Officer's Certificate, which Officer's Certificate shall be accompanied by all documents necessary to enable Landlord to verify the accuracy of such Officer's Certificate and shall state that such grant, release, dedication, transfer, petition or amendment (i) is not detrimental to the proper conduct of the business of Tenant on the Leased Property, (ii) does not reduce its the value or usefulness of the Leased Property for the Primary Intended Use and (iii) is necessary for the operation of the Facility in accordance with the Primary Intended Use (and which Certificate, if contested by Landlord, shall not be binding on Landlord); provided, however, that any withholding of approval by Landlord to any action pursuant to this Section 7.4 shall be deemed to be reasonable if Landlord reasonably believes that any such action is not required in order to operate or continue to operate the Leased Property and Facility in accordance with its Primary Intended Use. Landlord shall not grant, release, dedicate or execute any of the foregoing items in this Section 7.4 without obtaining Tenant's approval, which approval shall not be unreasonably withheld or delayed.

Landlord to Grant Easements. Landlord shall, from time to time so long as no Event of Default has occurred and is continuing, at the request of Tenant and at Tenant's cost and expense (which cost and expense shall include, without limitation, Landlord's reasonable attorneys' fees and expenses relating to any action by Landlord pursuant to this Section 7.4), subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed: (i) grant easements and other rights in the nature of easements; (ii) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property; (iii) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes; (iv) execute petitions to have the Leased Property annexed to any municipal corporation or utility district; (v) execute amendments to any covenants and restrictions affecting the Leased Property; and (vi) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications and transfers (to the extent of its interest in the Leased Property), but only upon delivery to Landlord of an Officer's Certificate, which Officer's Certificate shall be accompanied by all documents necessary to enable Landlord to verify the accuracy of such Officer's Certificate and shall state that such grant, release, dedication, transfer, petition or amendment (i) is not detrimental to the proper conduct of the business of Tenant on the Leased Property, (ii) does not reduce its value or usefulness for the Primary Intended Use and [(iii) is necessary for the operation of the Facility in accordance with the Primary Intended Use Use] (and which Certificate, if contested by Landlord, shall not be binding on Landlord); provided, however, that any withholding of approval by Landlord to any action pursuant to this Section 7.4 shall be deemed to be reasonable if Landlord reasonably believes that any such action is not required in order to operate or continue to operate the Leased Property and Facility in accordance with its Primary Intended Use. Landlord shall not grant, release, dedicate or execute any of the foregoing items in this Section 7.4 without obtaining Tenant's approval, which approval shall not be unreasonably withheld or delayed.