Project Right of Way Sample Clauses

Project Right of Way. Contractor shall perform all Project ROW Acquisition Work necessary for the construction and operation of the Project that is set forth in the ROW Acquisition and Relocation Plan in accordance with the Standard of Care, Laws (including the Uniform Act and Titles 25.1 and 33.1 of the VA. Code), Applicable Standards, Exhibit CC (Project Right of Way Acquisition), the Technical Requirements, this Agreement and the other Contract Documents; provided, that Contractor may not make any offers to acquire the Project Right of Way or the Real Estate Rights until the Department has issued a “Notice to Commence Right of Way Acquisition” to Concessionaire under the Comprehensive Agreement. Except as otherwise provided below in this Section 2.1.6.1
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Project Right of Way. Describe the limits of work of the project identifying whether all work is on property owned by the applicant (by full ownership or easement) or if licenses/agreements are required. If licenses /agreements are required, identify the status of those rights.
Project Right of Way. Contractor shall provide the services necessary to acquire all Project Right of Way necessary for the construction and operation of the Project in accordance with the Standard of Care, Applicable Laws, Applicable Standards, the Technical Requirements, this Agreement and the other Contract Documents, including the undertaking of studies, assessments and tests required thereby, temporary Utility Relocations and interchange expansions. Except as otherwise provided in Section 2.1.6.2, amounts requisitioned by Contractor for direct payments to the applicable landowners to acquire the Project Right of Way and for expenses proximately related to such acquisition shall be provided from the ROW Allowance and the HOT Operations Center Site Allowance, as applicable. Contractor’s Project Right of Way acquisition services shall include Utilities Relocation services in accordance with the requirements of the Contract Documents, assessment of the land required for the Work, preparation of the Project Right of Way Acquisition Plan, appraisals, appraisals reviews, negotiations with landowners and Utility owners using its Commercially Reasonable Efforts to settle claims, if any, amicably (but Contractor shall not be required to pay more than fair market value for any property), relocation assistance and advisory services, legal services, engagement of relevant property consultants and all other services other than exercise of power of condemnation and related services that is VDOT’s responsibility. Contractor shall prepare, obtain execution of, and record documents conveying title to such properties in the Project Right of Way to the Commonwealth of Virginia in fee simple, except as may be specifically agreed to by VDOT, and shall deliver all executed and recorded general warranty deeds to Concessionaire. Contractor shall exercise due diligence and use Commercially Reasonable Efforts in determining whether property to be acquired may contain waste or other materials or hazards requiring remedial action or treatment and shall otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements. The Parties acknowledge that VDOT has agreed under the Comprehensive Agreement that it shall (i) handle condemnation proceedings for the Project Right of Way in accordance with the Technical Requirements where agreement cannot be reached with property owners within a reasonable period of time, provided tha...
Project Right of Way. Concessionaire shall furnish all VDOT Existing ROW that is provided to Concessionaire from VDOT under the Comprehensive Agreement, such VDOT Existing ROW to be made available by the later of the Agreement Date under the Comprehensive Agreement or the Commencement Date under this Agreement. Concessionaire shall be responsible for all ROW Acquisition Costs for the site of the HOT Operations Center that, combined with ROW Acquisition Costs for easements for fiber optic routing to the HOT Operations Center, exceed the HOT Operations Center Site Allowance. The site of the HOT Operations Center will be determined by the Concessionaire. If the design or construction scope (physical work) associated with the site of the HOT Operations Center (inclusive of the HOT Operations Center building to occupancy stage originally proposed to be designed and constructed at 0000 Xxxxxxxx Xx., Xxxxxxxxxx, Xxxxxxxx, site civil work, demolition, and utilities, duct bank/conduit, and fiber optic runs) various from that proposed in the Scope Document, then the Contractor will be entitled to claim a Scope Change Order in accordance with the procedures set forth in Article 12 adjusting one or more of the Contract Sum, the Payment and Values Schedule, the Project Schedule and the Guaranteed Substantial Completion Date to the extent Contractor's performance of the Work is adversely affected by such variation.
Project Right of Way. 6.1 Owner’s Right-of-Way Acquisition Rights and Responsibilities.
Project Right of Way. 17 6.1 Owner’s Right-of-Way Acquisition Rights and Responsibilities 17 6.2 Access to Planned Project Limits. 17 6.3 Priority 1 Areas 18 6.4 Priority 2 Areas 18 6.5 Priority 3 Areas 19 6.6 Contractor’s Responsibilities 19 ARTICLE 7. UTILITY RELOCATION AND UTILITY FEEDS 20 7.1 Contractor’s Obligation 20 7.2 Utility Self-Performance Payments 21 7.3 Property Acquisition for Utility Relocations and Utility Feeds 21 ARTICLE 8. KEY PERSONNEL 23 8.1 Approval and Removal of Key Personnel 23 8.2 Availability of Key Personnel 23 8.3 Key Personnel Financial Interests 23 ARTICLE 9. HAZARDOUS SUBSTANCES 23 9.1 Hazardous Environmental Conditions 23 ARTICLE 10. APPLICABLE LAW AND REGULATORY APPROVALS 26 10.1 General 26 10.2 Obligation to Obtain Regulatory Approvals 26 10.3 Change in Law 27 ARTICLE 11. WARRANTIES 27 11.1 Warranties 27 11.2 Warranty Period 28 11.3 Subcontractor Warranties 29 11.4 Assignment of Warranties 29 11.5 Damages for Breach of Warranty 30 11.6 Landscaping Maintenance 30 ARTICLE 12. ESCROW BID DOCUMENTS, RECORDS AND REPORTS. 30
Project Right of Way. ACHD has previously contributed to VRT that portion underneath the existing public right-of- way to facility the development of the MMC through the adoption of the Contribution Agreement, dated June 4, 2014. In addition, ACHD shall provide access to the public right-of- way for the Project, which will include the closure of Main Street from 8th Street to Capitol Blvd to facilitate the construction of the MMC and the relocation of the utilities.
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Project Right of Way 

Related to Project Right of Way

  • Right of Way 8.1 The Site The site of the Project Highway (the “Site”) shall comprise the site described in Schedule-A in respect of which the Right of Way shall be provided by the Authority to the Contractor. The Authority shall be responsible for:

  • Special/temporary right of way The Concessionaire shall bear all costs and charges for any special or temporary right of way required by it in connection with access to the Site. The Concessionaire shall obtain at its cost such facilities on or outside the Site as may be required by it for the purposes of the Bus Terminal and the performance of its obligations under this Agreement.

  • Rights-of-Way Each of the MarkWest Entities has such consents, easements, rights-of-way, permits or licenses (collectively, “rights-of-way”) from each person as are necessary to conduct its business in the manner described, and subject to the limitations contained, in the Pricing Disclosure Package and the Prospectus, except for (i) qualifications, reservations and encumbrances that would not have a Material Adverse Effect and (ii) such rights-of-way that, if not obtained, would not have, individually or in the aggregate, a Material Adverse Effect; other than as set forth, and subject to the limitations contained, in the Pricing Disclosure Package and the Prospectus, each of the MarkWest Entities has fulfilled and performed all its material obligations with respect to such rights-of-way and no event has occurred that allows, or after notice or lapse of time would allow, revocation or termination thereof or would result in any impairment of the rights of the holder of any such rights-of-way, except for such revocations, terminations and impairments that would not have a Material Adverse Effect; and, except as described in the Pricing Disclosure Package and the Prospectus, none of such rights-of-way contains any restriction that is materially burdensome to the MarkWest Entities, taken as a whole.

  • Easement To the extent applicable, Owner agrees to grant to Bell a non-exclusive easement and statutory right of way and/or a path to the property line from the Building, as the case may be and in or through the Equipment Space if it is determined that a fibre optic cable or such other Equipment must be installed to the Building and/or in the Equipment Space. Owner and Bell shall in advance, agree upon a suitable location to install the fibre optic cable on the property of the Owner. Owner agrees to allow Bell to register, at Xxxx'x expense, the easement and right of way, and/or notice of this Agreement.

  • Owned Property We do not cover property damage to property owned by any insured or any other resident of any insured's household. This includes expenses and costs incurred by any insured or others to repair, replace, restore or maintain such property to prevent injury to a person or damage to property of others, whether on or away from an insured location.

  • Title to Properties; Leases Except as indicated on Schedule 7.3 hereto, the Borrower and its Subsidiaries own all of the assets reflected in the consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date or acquired since that date (except property and assets sold or otherwise disposed of in the ordinary course of business since that date), subject to no rights of others, including any mortgages, leases, conditional sales agreements, title retention agreements, liens or other encumbrances except Permitted Liens.

  • Leaseholds If the Mortgage Loan is secured by a long-term residential lease, (1) the lessor under the lease holds a fee simple interest in the land; (2) the terms of such lease expressly permit the mortgaging of the leasehold estate, the assignment of the lease without the lessor's consent and the acquisition by the holder of the Mortgage of the rights of the lessee upon foreclosure or assignment in lieu of foreclosure or provide the holder of the Mortgage with substantially similar protections; (3) the terms of such lease do not (a) allow the termination thereof upon the lessee's default without the holder of the Mortgage being entitled to receive written notice of, and opportunity to cure, such default, (b) allow the termination of the lease in the event of damage or destruction as long as the Mortgage is in existence, (c) prohibit the holder of the Mortgage from being insured (or receiving proceeds of insurance) under the hazard insurance policy or policies relating to the Mortgaged Property or (d) permit any increase in rent other than pre-established increases set forth in the lease; (4) the original term of such lease is not less than 15 years; (5) the term of such lease does not terminate earlier than five years after the maturity date of the Mortgage Note; and (6) the Mortgaged Property is located in a jurisdiction in which the use of leasehold estates in transferring ownership in residential properties is a widely accepted practice;

  • Owned Properties The "Owned Real Property Schedule" attached hereto sets forth a list of all owned real property (the "Owned Real Property") used by the Company or any of it Subsidiaries in the operation of the Company's or any of it Subsidiaries' business. With respect to each such parcel of Owned Real Property and except for Liens in favor of the Senior Lenders: (i) such parcel is free and clear of all covenants, conditions, restrictions, easements, liens or other encumbrances, except Permitted Encumbrances; (ii) there are no leases, subleases, licenses, concessions, or other agreements, written or oral, granting to any person the right of use or occupance of any portion of such parcel; and (iii) there are no outstanding actions or rights of first refusal to purchase such parcel, or any portion thereof or interest therein.

  • Appurtenant Rights Subject to the matters set forth in the following paragraph, Tenant shall have, as appurtenant to the Premises, the non-exclusive right to use, and permit its invitees to use in common with Landlord and others, the following areas of the Property (collectively, the “Common Areas”) (i) public or common lobbies, hallways, stairways, and common walkways necessary for access to the Building and the Premises, and if the portion the Premises on any floor includes less than the entire floor, any common toilets, any corridors required, for access to the Premises and any elevator lobby of such floor; and (ii) the access driveways, parking areas (as the same may be designated or modified by Landlord from time to time), loading areas, pedestrian sidewalks, landscaped areas, trash enclosures, if any, and other areas or facilities, if any, which are located in or on the Property and designated by Landlord time to time for the non-exclusive use of tenants and other occupants of the Building. If Landlord intends to perform work in the area above the ceiling to the Premises or on the floor slab above the Premises in connection with the build out of any other space in the Building or otherwise as permitted herein and such work is likely to interfere unreasonably with Tenant’s use of the Premises due to the intrusion, noise or vibration of the work, Landlord shall provide Tenant at least fifteen (15) day’s prior notice of such access, except in the event of an emergency, and will use reasonable efforts to coordinate such work to minimize any disruption to Tenant and where feasible will cause the work to be performed outside of normal business hours. Landlord has designated certain areas located on the ground level and garage level of the Building for Storage Space and Shared Space, as shown on the plan attached hereto as Exhibit for use by the tenants of the Building. Tenant shall be allocated Tenant’s Share of the Storage Space and Shared Space, the location and use of which shall be reasonably determined by Landlord and Tenant subject to applicable Legal Requirements, circulation requirements and Landlord’s reasonable requirements and conditions (including, without limitation, consideration for the utility of the unused portions of the Storage Space and Shared Space by other tenants of Building). Without limiting Tenant’s right to use the Shared Space in accordance with the terms this Section, Landlord authorizes Tenant’s use of Tenant’s Share of the Shared Space for the installation and use of an acid neutralization tank and/or similar storage tanks with appropriate partitioning at Tenant’s cost subject to applicable Legal Requirements and Landlord’s reasonable requirements and conditions. The Storage Space and Shared Space shall be leased to Tenant on of the terms and conditions of this Lease which are applicable to the Premises except as follows: (i) the rent for Tenant’s Share of the Storage Space shall be the then applicable market rate (currently $18.00 per RSF); (ii) Landlord shall not have any obligation to make any or alterations to the Storage Space and Shared Space to prepare such space for Tenant’s use; (iii) Tenant shall use Tenant’s Share of the Storage Space and Shared Space solely for the storage or use of Tenant’s property or equipment and for no other purpose and in accordance with all applicable Legal Requirements; (iv) Tenant, at its sole expense, shall keep Tenant’s Share of the Storage Space and Shared Space clean and in good condition; and (vi) Landlord shall not be required to provide any services for the Storage Space and Shared Space. Tenant shall have the right to use the main lobby of the Building for events upon reasonable prior written notice to Landlord subject to: (i) the Legal Requirements; (ii) the Rules and Regulations; (iii) any reasonable conditions that Landlord may impose with respect to the requested use of the main lobby; (iv) the rights of any other tenants or occupants in the Building; and (v) the condition that such use does not adversely affect the use and enjoyment of any other tenant or occupant in the Building. Notwithstanding any provision herein to the contrary, Tenant’s rights under this Lease shall always be subject to (a) reservations, restrictions, easements and encumbrances and other matters of record as of the date of this Lease as shown on Exhibit C and such future matters which do not unreasonably interfere with the use or occupancy of the Premises for the Permitted Uses or materially increase Tenant’s costs under this Lease or in connection with the use and occupancy of the Premises (“Permitted Encumbrances”), (b) such reasonable rules and regulations from time to time established by Landlord with respect to the Property pursuant to Section 30.18 (the “Rules and Regulations”), and (c) Landlord’s reservations set forth in Section 2.3 below or elsewhere in this Lease.

  • Ground Lease Reserved.

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