Transfers; Easements Clause Samples

Transfers; Easements. Seller shall refrain from transferring any of the Subject Property, or creating on the Real Property any easements, restrictions, liens, assessments or encumbrances without the express prior written consent of Purchaser; provided, however, that nothing herein shall preclude Seller from replacing any equipment, supplies or machinery in the ordinary course of operating the Subject Property so long as such replacement equipment is of type and quality reasonably equivalent to the replaced equipment.

Transfers; Easements. Seller shall refrain from (and cause the Subsidiaries to refrain from) transferring any of the Subject Property, or creating on the Real Property any easements; provided, however, that nothing herein shall preclude Seller from (i) replacing any equipment, supplies or machinery in the ordinary course of operating the Subject Property or (ii) entering into any easements or other documents required by any applicable governmental or quasi-governmental authority or provider of utility services.

Transfers; Easements. Seller shall not transfer, encumber or restrict any of the Property or any interest therein, or create or permit to be created any easements on the Real Property, without Purchaser’s prior written consent.

Transfers; Easements. Except as disclosed on Schedule 6(a) hereto or otherwise provided in this Agreement, Seller will not permit or take any action to cause the Fee Owners or Operators to transfer or encumber any of the Property or any interest in the Property, or take any action to create or permit to be created on the Real Property any easements, covenants, restrictions, conditions or other matters of title affecting the Real Property, without Purchaser’s prior written consent.

Transfers; Easements. Partnership shall refrain from conveying the Subject Property, except to an affiliate or Subsidiary (which transfer, if any, will be made subject to the rights of Purchaser under this Agreement), or creating on the Subject Property any easements affecting the Subject Property other than as may be required by any applicable governmental or quasi-governmental authority or by a provider of utility services, and refrain from removing any fixture or equipment; provided, however, nothing herein shall preclude Partnership, any Subsidiary or the property manager from replacing any equipment, supplies or machinery in the ordinary course of operating the Subject Property. Partnership shall, upon Partnership’s or a Subsidiary’s receipt, deliver to Purchaser a copy of any easement so required by any governmental or quasi-governmental authority or provider of utility services affecting the Subject Property (which shall require the consent of Purchaser, not to be unreasonably withheld), and any such easement, if approved, shall constitute a Permitted Encumbrance. Notwithstanding the foregoing, ORE OH shall have the right to enter into a sewer easement in connection with the Park 75 Project without the prior consent of Purchaser, so long as ORE OH provides a copy of such easement (which must be depicted on the Survey for the Park 75 Project) to Purchaser no less than five (5) business days prior to the Contingency Date and provided such easement does not adversely affect the value of the Park 75 Project or adversely affect the operations at the Park 75 Project.

Transfers; Easements. Seller shall refrain from transferring any of the Subject Property, or creating on the Real Property any easements, restrictions, liens, assessments or encumbrances without the express prior written consent of Purchaser; provided, however, that nothing herein shall preclude Seller from replacing any equipment, supplies or machinery in the ordinary course of operating the Subject Property so long as such replacement equipment is of type and quality reasonably equivalent to the replaced equipment and provided further that Seller may prepare, execute and record an Amended and Restated Declaration of Easements, Covenants and Restrictions Regarding Link (the "Amended Link Agreement") and an Amended and Restated Declaration of Driveway, Monument and Storm Sewer Easement ("Driveway and Storm Sewer Easement Amendment"), the forms of which are attached hereto as Exhibit P and Exhibit Q, respectively. --------- ---------