RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING Sample Clauses

RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING. 31 Section 9.1 Restriction on Sale of Facility; Release of Certain Land 31 Section 9.2 Removal of Equipment 31 Section 9.3 Assignment and Subleasing 32 Section 9.4 Merger of Agency 33 ARTICLE X EVENTS OF DEFAULT AND REMEDIES 33 Section 10.1 Events of Default Defined 33 Section 10.2 Remedies on Default 35 Section 10.3 Remedies Cumulative 35 Section 10.4 Agreement to Pay Attorneys’ Fees and Expenses 36 Section 10.5 No Additional Waiver Implied by One Waiver 36 Section 10.6 Certificate of No Default 36 ARTICLE XI EARLY TERMINATION OF LEASE AGREEMENT OPTION IN FAVOR OF COMPANY 36 Section 11.1 Early Termination of Lease Agreement 36 Section 11.2 Conditions to Termination of Lease Agreement 36 Section 11.3 Conveyance on Termination 37 ARTICLE XII LENDER PROVISIONS 37 Section 12.1 Subordination of Lease Agreement 37 Section 12.2 Mortgage and Pledge of Agency’s Interests to Lender 37 Section 12.3 Pledge of Company’s Interest to Lender 37 Section 12.4 Making of Loans; Disbursement of Loan Proceeds 38 Section 12.5 References to Lender, Loan or Mortgage 38 ARTICLE XIII ENVIRONMENTAL MATTERS 38 Section 13.1 Environmental Representations of the Company 38 Section 13.2 Environmental Covenants of the Company 39 Section 13.3 Survival Provision 42 ARTICLE XIV MISCELLANEOUS 42 Section 14.1 Notices 42 Section 14.2 Binding Effect 43 Section 14.3 Severability 43 Section 14.4 Amendments, Changes and Modifications 43 Section 14.5 Execution of Counterparts 43 Section 14.6 Applicable Law 43 Section 14.7 List of Additional Equipment; Further Assurances 43 Section 14.8 Survival of Obligations 43 Section 14.9 Table of Contents and Section Headings Not Controlling 43 Section 14.10 Waiver of Trial by Jury 44 EXHIBIT A Legal Description of Real Property EXHIBIT B Equipment EXHIBIT C PILOT Schedule EXHIBIT D Mortgage Requirements EXHIBIT E Sales Tax Agent Authorization Letter EXHIBIT F Sales Tax Registry EXHIBIT G Compliance with Labor Law, Executive Law and Civil Rights Law EXHIBIT H Exceptions to Representations and Warranties of Company EXHIBIT I Collateral Assignment, Financing Provisions SCHEDULE A Schedule of Definitions THIS LEASE AND PROJECT AGREEMENT, dated as of August 1, 2016 (this “Lease Agreement”), is between the TOWN OF BROOKHAVEN INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its office at ▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the “Agency”), and AMERICAN CAPITAL ENERGY-MANORVILLE, LLC, a limited liabili...