Reciprocal Easement Agreement. Borrower shall (i) promptly and faithfully observe, perform and comply with all the material terms, covenants and provisions of the Reciprocal Easement Agreements on its part to be observed, performed and complied with, at the times set forth therein and to do all things necessary to preserve unimpaired its rights thereunder; (ii) not do, permit, suffer or refrain from doing anything, as a result of which could be a material default under any of the terms thereof beyond the giving of any required notice and the expiration of any applicable cure period or a breach of any of the terms thereof (it being agreed that any default that would permit any party thereto other than Borrower to terminate its operating covenant shall be deemed to be material); (iii) not cancel, surrender, modify, amend or in any way alter or permit the alteration of any of the material terms thereof (and not to release any party thereto other than Borrower from any material obligation imposed upon it thereby) if any such action would result in a Material Adverse Effect on the applicable Individual Property; and (iv) give Administrative Agent prompt written notice of any material default by anyone thereunder and promptly deliver to Administrative Agent copies of each notice of material default and, after the occurrence and during the continuance of an Event of Default, copies of all other notices, communications, plans, specifications and other similar instruments received or delivered by Borrower in connection therewith.
Reciprocal Easement Agreement. Borrower shall not permit Mortgage Borrower to enter into, terminate or modify any REA without Lender's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Borrower shall cause Mortgage Borrower to enforce, comply with, and cause each of the parties to an REA to comply with all of the material economic terms and conditions contained in such REA.
Reciprocal Easement Agreement. The Reciprocal Easement Agreement is in full force and effect and has not been modified, amended or supplemented except as previously disclosed to Agent in writing. Neither the Borrower nor, to Borrower’s knowledge, any other party to the Reciprocal Easement Agreement, is in default under any of the provisions thereof, and to Borrower’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default of any of the material provisions thereof. To Borrower’s knowledge, all sums due and payable under the Reciprocal Easement Agreement have been paid in full and no party to any Reciprocal Easement Agreement has commenced any action or given or received any notice for the purpose of terminating any Reciprocal Easement Agreement, and the representations made in any estoppel or similar document delivered with respect to any Reciprocal Easement Agreement in connection with the Loan are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein.
Reciprocal Easement Agreement. To Borrower’s actual knowledge, each Reciprocal Easement Agreement is in full force and effect. Neither the applicable Borrower nor, to Borrower’s actual knowledge, any other party to the Reciprocal Easement Agreement, is in default under any of the material provisions thereof (except for violations or defaults that have been cured or that have not resulted, or would not reasonably be expected to result, individually or in the aggregate, in an Individual Material Adverse Effect). Borrower has not delivered a written notice to any party under a Reciprocal Easement Agreement that it is in default thereunder (other than notices relating to defaults that have been cured by such party) and no such party to a Reciprocal Easement Agreement is in monetary or, to Borrower’s actual knowledge, material non-monetary default under such Reciprocal Easement Agreement (except for defaults that do not have, or would not reasonably be expected to result in, individually or in the aggregate, an Individual Material Adverse Effect on the applicable Individual Property).
Reciprocal Easement Agreement. Borrower shall not enter into any reciprocal easement agreement without Bank’s prior written consent.
Reciprocal Easement Agreement. Attached hereto as Exhibit "E" is the form of the REA. The REA, subject to such changes as Seller may require (whether to satisfy governmental requirements or otherwise), which changes shall be subject to Buyer's prior written consent which shall not be unreasonably withheld (Buyer hereby consents to the inclusion in the REA, at the sole and absolute option of Seller, of the restriction contemplated in Section 8(c) of the Buyer's Supplemental Declaration attached hereto and made a part hereof as Exhibit "H"), shall, as a condition to Closing, be executed by all necessary parties at or prior to Closing and shall be recorded in the public records promptly thereafter. Additionally, Seller agrees that the unilateral right of Seller to shift the north-south accessway in the middle of the parking area in the event a direct entrance into the Center is permitted from Xxxxxxx Drive, as contemplated in paragraph 2(a) and (c) of the REA, shall be conditioned upon Seller's developing the Center in accordance with the alternative site plan attached hereto as Exhibit "F," as same may be changed with Buyer's consent, not unreasonably withheld (the "Alternative Site Plan"). Further, Seller agrees that if such direct entrance from Rendall Drive is to be constructed and same is not constructed (and completed) prior to the date Buyer completes construction of its building and opens for business with the public (the "Opening Date"), then, commencement of the construction of such entrance shall not occur until after six (6) months from the Opening Date. Seller agrees that it will not commence such construction activities prior to the Opening Date unless it has in good faith determined that the construction of the entrance will be completed before the Opening Date, as same may be reasonably projected by Buyer, and the contract relating to the construction of such entrance requires that same be completed prior to the Buyer's projected Opening Date. Seller shall give Buyer not less than thirty (30) days' advance notice of the date on which construction of the entrance is expected to commence.
Reciprocal Easement Agreement. EXHIBIT E Environmental Investigation & Remediation Work The Parties' rights and easements set forth in Sections 3.1(h) and 3.2(d) shall include the following rights and/or be subject to the following conditions; provided, however, that the exercise of any such following right shall not unreasonably interfere with the use, enjoyment or future development of the Party's Property on which such right is exercised unless any applicable federal, state, local, or municipal law, rule, regulation, or consent order requires otherwise:
Reciprocal Easement Agreement. EXHIBIT F Access Rules
Reciprocal Easement Agreement. The Real Property and Facilities are contiguous and physically interconnected with the New Operator’s Health Department building. Effective on the Closing Date, and from and after Closing, the Parties agree to be bound by and subject to a Reciprocal Easement Agreement (“Reciprocal Easement Agreement”) to be finalized prior to the expiration of the due Diligence Period defined in the APA. The provisions of the Reciprocal Easement Agreement shall survive Closing and termination of this Agreement according to its written terms.
