The Easements Sample Clauses

The Easements. The applicable Company 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 excepting the Permitted Exceptions and the Liens existing under the Sunflower Credit Agreement (which will be released and terminated upon Closing), and is the sole owner of the Improvements located on the Easement areas thereunder, subject in each case to the Permitted Exceptions, and other than facilities owned by utility companies servicing the Towers in the Ordinary Course of Business. At Closing, the Easements and the Improvements in connection therewith shall be free and clear of all Liens, excepting only the Permitted Exceptions. Furthermore, except as set forth on Schedule 3.15(c), (i) each Easement is in full force and effect and has not been materially modified or amended, (ii) the applicable Company is in actual possession of the easement area under each of the Easements, (iii) except as set forth in any Easements, the applicable Company is not obligated to pay any rent or charges under any of the Easements for any period subsequent to the Closing Date, except for the payment or reimbursement of any real property or ad valorem tax pursuant to the terms of such Easements, and (iv) the applicable Company has not given notice to or received notice from any Person claiming that the Person or such Company is in default under any Easement, and there is no event which, with the giving of notice or the passage of time or both, would constitute such a default.

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;

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;

The Easements. (a) The Mortgagor shall: (i) pay or cause to be paid all sums required to be paid by the Mortgagor under and pursuant to the provisions of the Easements; (ii) diligently perform and observe before the expiration of applicable cure periods all of its obligations under the Easements; and (iii) promptly notify the Mortgagee of the giving of any notice to the Mortgagor of any default by the Mortgagor in the performance or observance of any of its obligations under the Easements and promptly deliver to the Mortgagee a true copy of each such notice. (b) The Mortgagor shall not terminate or cancel any Easement or modify, change, supplement, alter or amend any Easement, in any respect either orally or in writing, and the Mortgagor hereby assigns to the Mortgagee, as further payment and performance of the obligations and indebtedness secured hereby and for the performance and observance of the terms, covenants and conditions of this Mortgage, all of the rights, privileges and prerogatives of the Mortgagor to terminate, cancel, modify, change, supplement, alter or amend any Easement and any termination, cancellation, modification, change, supplement, alteration or amendment of any Easement shall be void and of no force and effect. Simultaneously with the execution of this Mortgage, the Mortgagor has delivered to the Mortgagee true and complete certified copies of the Easements, together with certified copies of any and all assignments thereof and amendments thereto. (c) If the Mortgagor shall default in the performance or observance of its obligations under the Easements, then without limiting the generality of the other provisions of this Mortgage, and without waiving or releasing the Mortgagor from any of its obligations hereunder, the Mortgagee shall have the right, but shall be under no obligation, to pay any sums and to perform any act or take any action as may be appropriate to cause all of the terms, covenants and conditions of the Easements on the part of the Mortgagor to be promptly performed or observed on behalf of the Mortgagor, to the end that the rights of the Mortgagor in, to and under the Easements shall be kept unimpaired and free from default. All sums so paid and expended by the Mortgagee and the interest thereon shall be secured by the lien of this Mortgage. In any such event, the Mortgagee and any Person designated by the Mortgagee shall have, and are hereby granted, the right to enter upon the Mortgaged Property at any time and from time to tim...

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 ______________________________________________________________________________

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 ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ and Grantor (the "▇▇▇▇▇ EASEMENT") affecting those certain pieces or parcels of land which are more particularly described on EXHIBIT F annexed hereto (the "▇▇▇▇▇ EASEMENT PREMISES"), which ▇▇▇▇▇ Easement was subsequently assigned by Grantor to Lessor pursuant to the Deed and thereafter demised by Lessor to Grantor pursuant to the Lease, which ▇▇▇▇▇ 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...