Common use of Occupancy Agreements Clause in Contracts

Occupancy Agreements. Schedule 4.23 contains a list of all easements, licenses, use agreements and other occupancy agreements for real property granted by third parties to Seller that are Known to Seller and are used or expected to be used in the operation of the System (the "Scheduled Occupancy Agreements"). Seller has made available true and complete copies of all Scheduled Occupancy Agreements to Purchaser. To Seller's Knowledge, Seller is not in breach of or in default under the Scheduled Occupancy Agreements (for which applicable notices have been delivered and cure periods have elapsed) and no party to any Scheduled Occupancy Agreements has given Seller written notice of or made a claim with respect to any breach or default thereunder, nor is Seller aware of any condition that currently exists or with the passage of time will result in a default or breach by any party to a Scheduled Occupancy Agreement. The Parties acknowledge that Seller may own other easements, licenses, use agreements, and other occupancy agreements for real property that are used or expected to be used in the operation or future expansion of the System other than those listed in Schedule 4.23 (the "Unscheduled Occupancy Agreements"). The terms Scheduled Occupancy Agreements and Unscheduled Occupancy Agreements shall collectively be referred to as "Occupancy Agreements."