Common use of Non-Disturbance Agreement Clause in Contracts

Non-Disturbance Agreement. ‌ (a) If Contracting Authority mortgages, charges or otherwise encumbers the Lands, Contracting Authority shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement, in form satisfactory to Project Co, acting reasonably, executed by the mortgagee, chargee or other encumbrancer of the Lands permitting Project Co and the Lenders’ Agent to access and use the Lands under the licence granted pursuant to this Section 16 and the Lenders’ Direct Agreement, respectively, free from interference from the mortgagee, chargee or other encumbrancer or any person claiming by or through the mortgagee, chargee or other encumbrancer. This Section 16.6 shall not apply in respect of any portion of the Lands used or developed pursuant to Section 16.2(b) if neither the licence granted pursuant to this Section 16 nor the Works pertain to such portion of the Lands.

Non-Disturbance Agreement. ‌ (a) If Contracting Authority mortgages, charges or otherwise encumbers all or any part of the LandsSite, Contracting Authority shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement, in form satisfactory to Project Co, acting reasonably, executed by the mortgagee, chargee or other encumbrancer of the Lands Site permitting Project Co and the Lenders’ Agent to access and use the Lands Site under the licence granted pursuant to this Section 16 and the Lenders’ Direct Agreement, respectively, free from interference from the mortgagee, chargee or other encumbrancer or any person claiming by or through the mortgagee, chargee or other encumbrancer. This Section 16.6 shall not apply in respect of any portion of the Lands Site used or developed pursuant to Section 16.2(b) if neither the licence granted pursuant to this Section 16 nor the Works pertain to such portion of the LandsSite.

Non-Disturbance Agreement. ‌ (a) If Contracting Authority mortgages, charges or otherwise encumbers the Lands, Contracting Authority shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement, in form satisfactory to Project Co, acting reasonably, executed by the mortgagee, chargee or other encumbrancer of the Lands permitting Project Co and the Lenders’ Agent to access and use the Lands under the licence granted pursuant to this Section 16 and the Lenders’ Direct Agreement, respectively, free from interference from the mortgagee, chargee or other encumbrancer or any person claiming by or through the mortgagee, chargee or other encumbrancer. This Section 16.6 shall not apply in respect of any portion of the Lands used or developed pursuant to Section 16.2(b) if neither the licence granted pursuant to this Section 16 nor the Works pertain to such portion of the Lands.

Non-Disturbance Agreement. ‌ (a) If Contracting Authority mortgages, charges or otherwise encumbers all or any part of the LandsSite, Contracting Authority shall notify Project Co and, at the request of Project Co, provide Project Co with an agreement, in form satisfactory to Project Co, acting reasonably, executed by the mortgagee, chargee or other encumbrancer of the Lands Site permitting Project Co and the Lenders’ Agent to access and use the Lands Site under the licence granted pursuant to this Section 16 and the Lenders’ Direct Agreement, respectively, free from interference from the mortgagee, chargee or other encumbrancer or any person claiming by or through the mortgagee, chargee or other encumbrancer. This Section 16.6 shall not apply in respect of any portion of the Lands Site used or developed pursuant to Section 16.2(b) if neither the licence granted pursuant to this Section 16 nor the Works pertain to such portion of the LandsSite.