FOSA definition
Examples of FOSA in a sentence
This Agreement shall be for a period (“Term”) commencing on the Effective Date and ending on [●]; provided, that this Agreement, and all of the Servitudes granted hereby, shall automatically terminate upon the expiration or sooner termination of the FOSA according to the terms and conditions thereof.
Third parties examining the records of such Clerks of Court, are hereby put on notice that by reference to the CEA and FOSA in this Agreement, (i) the existence of the CEA and FOSA, and (ii) the incorporation of certain terms, definitions and provisions of the CEA and FOSA into this Agreement, notwithstanding the fact that the CEA and FOSA may not be on file and of record with such Clerks of Court.
Throughout the Term, BREP shall be obligated to maintain in effect the insurance coverages required pursuant to the FOSA.
The Parties recognize that, throughout the Term, BREP may request that the State and OSB grant BREP additional Servitudes, or either Party may request that the other Party modify or relocate a then-existing Servitude, to accommodate additional construction in or about the Covered Facilities or to effectuate the provisions of the FOSA.
Capitalized terms used in this Agreement that are not otherwise defined in this Agreement shall have the meanings ascribed to them in the FOSA or Exhibit “A” to the CEA.
So long as a Mortgage is in effect (i) the State and OSB will not accept a voluntary surrender of this Agreement, except on a termination of the FOSA in accordance with its terms, including payment of the Termination Fee by the State to BREP pursuant to the terms of the FOSA, and (ii) BREP’s Financier shall not be bound by any material modification of this Agreement made without the prior written consent of BREP’s Financier.
A Party may assign its rights under this Agreement, whether in whole or in part, only in compliance with the requirements of the CEA, and a Party’s rights under this Agreement may be assigned only in connection with such Party’s assignment of the FOSA.
BREP will provide BREP’s Financier with copies of the CEA and the FOSA.
Each of the State, OSB and BREP shall be entitled to have access to the Servitude Property, including in the event of an Emergency, in accordance with the provisions of the FOSA.
A default by either Party of its obligations under this Agreement, and the remedies of the non-defaulting Party(ies) with respect thereto, shall be governed by the provisions of the CEA and the FOSA.