THE EASEMENTS Sample Clauses

THE EASEMENTS all right, title and interest of Mortgagor in the Access Easement, the Sight Triangle Easements and all other easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, water courses, water rights and powers, mineral rights, ditches, ditch rights, reservoirs and reservoir rights, and all privileges, tenements, hereditaments and appurtenances whatsoever, of any nature whatsoever, in any way belonging, relating or appertaining to the Site, the Easement Premises or the Facilities, or which hereafter shall in any way belong, relate or be appurtenant thereto (said easements, rights and privileges described in this paragraph (d), including without limitation the Access Easement and the Sight Triangle Easements, being hereinafter referred to, collectively, as the "EASEMENTS");
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THE EASEMENTS. Following the assignment and transfer referred to in Section 5.1(k) below, Com-Net will have validly succeeded to the rights of the original grantee) under each of the Easements, has good title to the Easements, and is the sole owner of the Improvements located on the easement areas thereunder. At Closing, the Easements and the Improvements in connection therewith shall be free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. Furthermore, Com-Net and the Members, jointly and severally, represent and warrant that (i) each Easement is in full force and effect and has not been materially modified or amended, (ii) Com-Net Construction currently is and, following the assignment and transfer referred to in Section 5.1(k) below, Com-Net will be in actual possession of the easement area under each of the Easements, (iii) except as set forth in the Ground Leases, Neither Com-Net Construction nor Com-Net is obligated to pay any rent or charges under any of the Easements for any period subsequent to the Closing Date, and (iv) None of Com-Net Construction, Com-Net or Members have given notice to or received notice from any Person claiming that the Person or Com-Net is in default under any Easement, and, to the best knowledge of Com-Net and the Members, there is no event which, with the giving of notice or the passage of time or both, would constitute such a default;
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THE EASEMENTS. The Easements to be granted by Condemnor on the Condemnation Date shall be granted by deed of easements in the form attached hereto as Exhibit E (the "Deed of Easements"). 16 ______________________________________________________________________________
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THE EASEMENTS. Com-Net is the original grantee (or has validly succeeded to the rights of the original grantee) under each of the Easements, has good title to the Easements, and is the sole owner of the Improvements located on the easement areas thereunder. At Closing, the Easements and the Improvements in connection therewith shall be free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. Com-Net and the Shareholders, jointly and severally, represent and warrant that (i) each Easement is in full force and effect and has not been materially modified or amended, (ii) Com-Net is in actual possession of the easement area under each of the Easements, (iii) except as set forth in the Ground Leases, Com-Net is not obligated to pay any rent or charges under any of the Easements for any period subsequent to the Closing Date, and (iv) Com-Net has not given notice to or received notice from any Person claiming that the Person or Com-Net is in default under any Easement, and, to the best knowledge of Com-Net and the Shareholders, there is no event which, with the giving of notice or the passage of time or both, would constitute such a default. Notwithstanding the foregoing, as contemplated in Section 4.17 above and in accordance with Section 6.1(p) below, Com-Net shall assign and transfer the Easements to the LLC at or prior to the Closing;
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THE EASEMENTS. (i) that certain easement granted pursuant to the terms of that certain Access and Utility Easement Agreement dated as of November 10, 1999, between Tenaska and Grantor (the "TENASKA ACCESS EASEMENT") affecting those certain pieces or parcels of land which are more particularly described on EXHIBIT C annexed hereto (the "TENASKA EASEMENT PREMISES"), which Tenaska Access Easement was subsequently assigned by Grantor to Lessor pursuant to the Deed and thereafter demised by Lessor to Grantor pursuant to the terms of the Lease. The Tenaska Access Easement was delivered to the Recorder's Office for recording immediately prior to the recordation of this Security Deed; (ii) those certain easements granted pursuant to the terms of those certain easement agreements set forth on EXHIBIT D annexed hereto (collectively, the "PIPELINE EASEMENTS") affecting those certain pieces or parcels of land which are more particularly described on EXHIBIT E annexed hereto (the "PIPELINE EASEMENT PREMISES"; the Tenaska Easement Premises and the Pipeline Easement Premises collectively, the "EASEMENT PREMISES"),which Pipeline Easements were subsequently assigned by Grantor to Lessor pursuant to the Deed and thereafter demised by Lessor to Grantor pursuant to the terms of the Lease; (iii) that certain easement granted pursuant to that certain Easement (Access and Utilities) dated as of November 10, 1999, between Xxxxxx Xxxxxxx Xxxxx and Xxxxx Xxxx Xxxxx and Grantor (the "XXXXX EASEMENT") affecting those certain pieces or parcels of land which are more particularly described on EXHIBIT F annexed hereto (the "XXXXX EASEMENT PREMISES"), which Xxxxx Easement was subsequently assigned by Grantor to Lessor pursuant to the Deed and thereafter demised by Lessor to Grantor pursuant to the Lease, which Xxxxx Easement was delivered to the Recorder's Office for recording prior to the recordation of this Security Deed; and (iv) all other easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, water courses, water rights and powers, mineral rights, ditches, ditch rights, reservoirs and reservoir rights, and all privileges, tenements, hereditaments and appurtenances whatsoever, of any nature whatsoever, in any way belonging, relating or appertaining to the Site or the Facility, or which hereafter shall in any way belong, relate or be appurtenant thereto (said easements, rights and privileges described in this paragraph (b), hereinafter referred to, collectively, as th...
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THE EASEMENTS. (a) The Mortgagor shall:
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Related to THE EASEMENTS

  • Reciprocal Easement Agreements (a) Neither Borrower, nor any other party is currently in default (nor has any notice been given or received with respect to an alleged or current default) under any of the terms and conditions of the REA, and the REA remains unmodified and in full force and effect;

  • Easements Lessor reserves to itself the right, from time to time, to grant such easements, rights and dedications that Lessor deems necessary or desirable, and to cause the recordation of Parcel Maps and restrictions, so long as such easements, rights, dedications, Maps and restrictions do not unreasonably interfere with the use of the Premises by Lessee. Lessee shall sign any of the aforementioned documents upon request of Lessor and failure to do so shall constitute a material breach of this Lease.

  • Easement “A-3” for access and utility purposes affecting Lot A-1-A in favor of Aina Le’a LLC, 619 square feet, more or less, as shown on County Approval Subdivision SUB-12-001178, prepared by Xxxxxx X. Xxxxxxxx, Licensed Professional Land Surveyor No. 10743 with Xxxxxxxx Land Surveying, Inc., dated May 7, 2012.

  • Condition of Leased Property Tenant acknowledges receipt and delivery of possession of the Leased Property and Tenant accepts the Leased Property in its “as is” condition, subject to the rights of parties in possession, the existing state of title, including all covenants, conditions, restrictions, reservations, mineral leases, easements and other matters of record or that are visible or apparent on the Leased Property, all applicable Legal Requirements, the lien of any financing instruments, mortgages and deeds of trust existing prior to the Commencement Date or permitted by the terms of this Agreement, and such other matters which would be disclosed by an inspection of the Leased Property and the record title thereto or by an accurate survey thereof. TENANT REPRESENTS THAT IT HAS INSPECTED THE LEASED PROPERTY AND ALL OF THE FOREGOING AND HAS FOUND THE CONDITION THEREOF SATISFACTORY AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES WITH RESPECT THERETO AND TENANT WAIVES ANY CLAIM OR ACTION AGAINST LANDLORD IN RESPECT OF THE CONDITION OF THE LEASED PROPERTY. LANDLORD MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY TENANT. To the maximum extent permitted by law, however, Landlord hereby assigns to Tenant all of Landlord’s rights to proceed against any predecessor in interest or insurer for breaches of warranties or representations or for latent defects in the Leased Property. Landlord shall fully cooperate with Tenant in the prosecution of any such claims, in Landlord’s or Tenant’s name, all at Tenant’s sole cost and expense. Tenant shall indemnify, defend, and hold harmless Landlord from and against any loss, cost, damage or liability (including reasonable attorneys’ fees) incurred by Landlord in connection with such cooperation.

  • Lease Agreements 11 Section 3.15

  • Condition of Leased Premises Tenant hereby acknowledges that Xxxxxx has examined the leased premises prior to the signing of this Lease, or knowingly waived said examination. Tenant acknowledges that Tenant has not relied on any representations made by Landlord or Landlord’s agents regarding the condition of the leased premises and that Tenant takes premises in its AS-IS condition with no express or implied warranties or representations beyond those contained herein or required by applicable Georgia law. Xxxxxx agrees not to damage the premises through any act or omission, and to be responsible for any damages sustained through the acts or omissions of Tenant, Xxxxxx’s family or Xxxxxx’s invitees, licensees, and/or guests. If such damages are incurred, Tenant is required to pay for any resulting repairs at the same time and in addition to the next month’s rent payment, with consequences for non-payment identical to those for non- payment of rent described herein. At the expiration or termination of the Lease, Tenant shall return the leased premises in as good condition as when taken by Tenant at the commencement of the lease, with only normal wear-and-tear excepted. Modification Of This Lease Any modification of this lease shall not be binding upon Landlord unless in writing and signed by Landlord or Landlord’s authorized agent. No oral representation shall be effective to modify this Lease. If, as per the terms of this paragraph, any provision of this lease is newly added, modified, or stricken out, the remainder of this Lease shall remain in full force and effect.

  • Lessor to Grant Easements, Etc Lessor will, from time to time, so long as no Event of Default has occurred and is continuing, at the request of Lessee and at Lessee’s cost and expense (but subject to the approval of Lessor, which approval shall not be unreasonably withheld or delayed), (a) grant easements and other rights in the nature of easements with respect to the Leased Property to third parties, (b) release existing easements or other rights in the nature of easements which are for the benefit of the Leased Property, (c) dedicate or transfer unimproved portions of the Leased Property for road, highway or other public purposes, (d) execute petitions to have the Leased Property annexed to any municipal corporation or utility district, (e) execute amendments to any covenants and restrictions affecting the Leased Property and (f) execute and deliver to any Person any instrument appropriate to confirm or effect such grants, releases, dedications, transfers, petitions and amendments (to the extent of its interests in the Leased Property), but only upon delivery to Lessor of an Officer’s Certificate stating that such grant, release, dedication, transfer, petition or amendment does not interfere with the proper conduct of the business of Lessee on the Leased Property and does not materially reduce the value of the Leased Property.

  • Ingress and Egress (a) Upon the Execution Date of a Site Agreement, BellSouth hereby grants to User, as well as User's contractors, subcontractors, agents, affiliates, or employees, subject to the limitations set forth herein or in the applicable Site Agreement, (i) the non-exclusive right to use the Tower, at locations mutually agreed upon by User and BellSouth, for the term hereof for ingress, egress, and access to the Tower Space adequate to service the Tower Facilities and (ii) if the term "Leased Space" as used in the Site Agreement includes Ground Space, a non-exclusive easement for the term hereof, for ingress, egress, and access to the Leased Space, on a twenty-four (24) hours per day, seven (7) days per week basis, across (aa) the Property in locations mutually agreed upon by BellSouth and User and (bb) if the Property is leased or licensed by BellSouth, across the property of the Master Landlord to the extent and in the locations of the Master Landlord-granted ingress, egress and access easements to BellSouth in the Master Lease/License. User or User's qualified, insured contractors under User's direct supervision, as well as SprintCom, Inc., a Kansas corporation ("SprintCom") shall have access to the Tower upon twenty- four (24) hours notice to BellSouth, which access shall be subject to the accompaniment, at BellSouth's option, of BellSouth's field personnel to provide an escort and/or supervision, and User shall reimburse BellSouth for BellSouth's actual, reasonable costs related thereto within thirty (30) days of BellSouth's delivery to User of a written invoice for such costs. The foregoing notwithstanding, User and SprintCom shall have access to the Leased Space and User's Facilities immediately and without notice in the event of an emergency, and User shall notify BellSouth as soon as practicable of User's access (SprintCom's) during such emergency. Other security measures required for a particular Site may be set forth in the Site Agreement. User shall be responsible to ensure that User's contractors, subcontractors, agents, affiliates, employees, as well as SprintCom, are adequately insured prior to gaining access to any Site. Without in any way limiting the scope of Section 18, User shall indemnify, protect and hold harmless BellSouth for any loss, claim, or damages resulting from access to any Site permitted in this paragraph.

  • Space Leases (i) Borrower has delivered a true, correct and complete schedule of all Space Leases as of the date hereof, which accurately and completely sets forth in all material respects, for each such Space Lease, the following (collectively, the “Rent Roll”): the name and address of the tenant with the name, title and telephone number of the contact person of such tenant; the lease expiration date, extension and renewal provisions; the base rent and percentage rent payable; all additional rent and pass-through obligations; and the security deposit held thereunder and the location of such deposit.

  • Ground Lease Reserved.

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