Common use of Utilities; Access Clause in Contracts

Utilities; Access. All utility and municipal services necessary for the development of the Land, the construction of the Improvements and the use and occupancy of the Property (including, without limitation, telephone service, water supply, storm and sanitary sewer facilities, natural gas and electric facilities) are available and have sufficient capacity to operate the Property for its proposed use. All impact, connection or other requisite fees for such services have been paid. The Property has direct physical access to and from at least one public road. Borrower represents and warrants that all roads and other accesses necessary for the development of the Land and the construction of the Improvements and full utilization thereof for their intended purposes have either been completed or the necessary rights of way therefor have either been acquired by the appropriate Governmental Authorities or have been dedicated to public use and accepted by such Governmental Authorities or have been made available pursuant to one of the Permitted Encumbrances and all necessary steps have been taken by Borrower or such Governmental Authorities to assure the complete construction and installation thereof by a date sufficient to ensure the timely completion of the Improvements and in no event later than the Completion Date.